Academic literature on the topic 'Product safety – Law and legislation – European Economic Community countries'

In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.

Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.

In the February 2014 issue of the EC Tax Review, the author compared the anti-avoidance legislation in the mayor EC Member Countries Germany, France, United Kingdom and Italy and suggested some international tax planning strategies - without regard to transfer pricing (part 1). The author now considers transfer pricing involving these mayors EC Member Countries Germany, France, United Kingdom, and Italy and suggests further transfer pricing strategies also with regard to the up-to-date CIT rates in OECD countries (part 2). As stated, despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article transfer pricing rules of - according to the gross domestic product - the four most important EC Member Countries will be reviewed with reference to the OECD's perspective of Base Erosion and Profit Shifting (BEPS) and to the up-to-date tax differential to the thirty-four OECD Member Countries. The pivotal question is, to what extent can internal tax planning with mayor EC Member Countries be optimized by inclusion of transfer pricing. This article outlines the primary corporate objective and key concepts of international tax planning with regard to transfer pricing and discusses the corporate income tax burden in the thirty-four OECD Member Countries analysing the tax differential as incentive in relation to transfer pricing, the reduction in ETR as the primary corporate objective and key concepts and the he importance of current and reliable information. After that transfer pricing in the mayor EC Member Countries Germany, France, United Kingdom, and Italy is presented and transfer pricing strategies with relation to mayor EC Member Countries are developed. Afterwards this is evaluated from the OECD's perspective of BEPS. Finally the concluding remarks are presented.

Ukraine, choosing its strategic course of integration into the European Union, took the time to accelerate the reform of various spheres of socio-political and economic life of the country, in particular, the sphere of tourism services, transforming it into the standards of the European Union. The world-wide experience of progressive management gives tourism the first place among other sectors of the economy in terms of exports of goods and services. In conditions of development of the Ukrainian state, tourism becomes an effective means of forming a market mechanism of management, the receipt of significant funds to the state budget, one of the forms of rational use of free time, conducting meaningful leisure, studying the history of the native land, attracting the general population to the knowledge of the historical and cultural heritage. Current experience and scientific research show that accelerated development of rural green tourism can play the role of a catalyst for structural adjustment of the economy, provide demographic stability and solve urgent socio-economic problems in rural areas. It is important for Ukraine to overcome the gap in this area and realize the existing rich tourism potential through an elaborate policy of state regulation, including at the regional level. One of the reasons for the rapid development of rural green tourism in Europe is the crisis in the agricultural sector. Today, the process of productivity and automation of agriculture leads to jobs reduction. In fact, in many rural regions of Europe, agriculture has ceased to be the most important form of land use and the most important activity of the rural community. The rural green tourism is closely linked with other types of tourism, primarily with recreational, cultural, specialized tourism types – relief, gastronomy, ethno-tourism, etc. All this allows rural tourism to be included in combined tours, increasing the demand for a traditional tourist product. The rural green tourism in Ukraine is a holiday of the inhabitants of the city in the countryside in guest rooms created by a village family on the basis of its own residential house and private plot. As entrepreneurial activity, rural green tourism develops rather heterogeneously in different regions of Ukraine. Systematization of motivational interests of the rural green tourism activation in the regions of Ukraine showed that the dominant motives for diversification of activities in agricultural sector in the current conditions of rural areas development are: increase of incomes of rural population and increase of employment level, the possibility of diversification of income sources of peasants, significant investments and additional training, opportunities for self-realization of rural inhabitants. Priority directions of development of green tourism in these regions in the near future should be: reception and accommodation of tourists; rental of tourist equipment; production and sale of tourist goods of folk crafts; provision of tourist services (bicycle, gastronomy, agrotourism, cultural and historical tourism, organization of recreational recreation, mountain and ecological tourism); organization of tasting and culinary excursions; active development of the hotel business, camping (construction of agricultural cottages, fishing houses, farmhouses, horse farms); organization of historical and ethnographic events; distribution of religious tours; providing a complex of widely distributed services (fishing, hunting, picking berries and mushrooms, medicinal plants, etc.); development and popularization of water sports (kiting, windsurfing). The research of the current conditions for the development of green tourism in the regions of Ukraine allowed to outline the area of the key problems that hinder the active expansion of this type of activity: - disorderly legislation on key aspects of tourism business regulation in rural areas; lack of a law regulating this type of activity; - low level of development of the infrastructure of the market of green tourism services and social infrastructure of the village; - outdated stereotypes of rural residents, which hinder the active development of the newest types of tourism industry, the pronounced unsystematic and irregular nature of services; - absence of state programs supporting development of green tourism and limited amount of their financial, consulting and information-marketing support; - low level of informatization and popularization of green tourism in the regions of Ukraine among the population of European countries; - lack of political stability and social tension in society, deterioration of the world image of Ukraine. Thus, Ukraine has a rather powerful potential for the development of green tourism as an alternative type of agribusiness in the regions of Ukraine. In the context of modern economic conditions, solving key problems of development of green tourism forms the fundamental framework for addressing the most important socio-economic issues of rural areas: overcoming unemployment, promoting employment, raising incomes and quality of life for rural inhabitants.

The article investigates the legal nature of the processes of adaptation of the civil legislation of Ukraine to the EU legislation in the field of purchase and sale. The issues studied in the scientific work are updated through the prism of re-encoding of civil legislation in Ukraine. The author emphasizes the importance of the process of approximation of legal orders within integration associations or other international organizations. Legislative approximation with EU law means the transposition, implementation and enforcement of EU law in the national legal practice of third countries; legislative process aimed at gradually approximating and bringing the legal framework of partner countries in line with EU law. The author studies the draft Common European sales law (CESL) through the prism of its importance for the harmonization of EU law and the adaptation of national legal orders. In the article the author emphasizes the ambiguity of interpretations of the content of the adaptation of national legislation. The author takes the position that adaptation is not limited to issues of legislation, as it is about law enforcement practice and legal techniques. The author proposes to perceive adaptation as a component of the harmonization process, which is aimed at purposeful convergence and harmonization of legal regulations in order to achieve consistency of legislation in a particular area. In fact, adaptation is the final stage of harmonization of legislation, because without the harmonization of national legislation with a single body of legislation, there will be no process of harmonization within a particular international community or community. Given the content of the Association Agreement, the author points out the main areas of adaptation of civil law in the field of purchase and sale: consumer protection in the field of electronic commerce; consumer protection against unfair pricing methods; consumer protection in the field of product safety, etc. The author defines the concept of adaptation of civil legislation of Ukraine to EU legislation in the field of purchase and sale as a process of gradually achieving compatibility of existing civil legislation and new acts of Ukraine with EU acts in the field of sale.

A same-but-different dichotomy has recently been encapsulated within the US Food and Drug Administration’s ill-defined concept of “substantial equivalence” (USFDA, FDA). By invoking this concept the genetically modified organism (GMO) industry has escaped the rigors of safety testing that might otherwise apply. The curious concept of “substantial equivalence” grants a presumption of safety to GMO food. This presumption has yet to be earned, and has been used to constrain labelling of both GMO and non-GMO food. It is an idea that well serves corporatism. It enables the claim of difference to secure patent protection, while upholding the contrary claim of sameness to avoid labelling and safety scrutiny. It offers the best of both worlds for corporate food entrepreneurs, and delivers the worst of both worlds to consumers. The term “substantial equivalence” has established its currency within the GMO discourse. As the opportunities for patenting food technologies expand, the GMO recruitment of this concept will likely be a dress rehearsal for the developing debates on the labelling and testing of other techno-foods – including nano-foods and clone-foods. “Substantial Equivalence” “Are the Seven Commandments the same as they used to be, Benjamin?” asks Clover in George Orwell’s “Animal Farm”. By way of response, Benjamin “read out to her what was written on the wall. There was nothing there now except a single Commandment. It ran: ALL ANIMALS ARE EQUAL BUT SOME ANIMALS ARE MORE EQUAL THAN OTHERS”. After this reductionist revelation, further novel and curious events at Manor Farm, “did not seem strange” (Orwell, ch. X). Equality is a concept at the very core of mathematics, but beyond the domain of logic, equality becomes a hotly contested notion – and the domain of food is no exception. A novel food has a regulatory advantage if it can claim to be the same as an established food – a food that has proven its worth over centuries, perhaps even millennia – and thus does not trigger new, perhaps costly and onerous, testing, compliance, and even new and burdensome regulations. On the other hand, such a novel food has an intellectual property (IP) advantage only in terms of its difference. And thus there is an entrenched dissonance for newly technologised foods, between claiming sameness, and claiming difference. The same/different dilemma is erased, so some would have it, by appeal to the curious new dualist doctrine of “substantial equivalence” whereby sameness and difference are claimed simultaneously, thereby creating a win/win for corporatism, and a loss/loss for consumerism. This ground has been pioneered, and to some extent conquered, by the GMO industry. The conquest has ramifications for other cryptic food technologies, that is technologies that are invisible to the consumer and that are not evident to the consumer other than via labelling. Cryptic technologies pertaining to food include GMOs, pesticides, hormone treatments, irradiation and, most recently, manufactured nano-particles introduced into the food production and delivery stream. Genetic modification of plants was reported as early as 1984 by Horsch et al. The case of Diamond v. Chakrabarty resulted in a US Supreme Court decision that upheld the prior decision of the US Court of Customs and Patent Appeal that “the fact that micro-organisms are alive is without legal significance for purposes of the patent law”, and ruled that the “respondent’s micro-organism plainly qualifies as patentable subject matter”. This was a majority decision of nine judges, with four judges dissenting (Burger). It was this Chakrabarty judgement that has seriously opened the Pandora’s box of GMOs because patenting rights makes GMOs an attractive corporate proposition by offering potentially unique monopoly rights over food. The rear guard action against GMOs has most often focussed on health repercussions (Smith, Genetic), food security issues, and also the potential for corporate malfeasance to hide behind a cloak of secrecy citing commercial confidentiality (Smith, Seeds). Others have tilted at the foundational plank on which the economics of the GMO industry sits: “I suggest that the main concern is that we do not want a single molecule of anything we eat to contribute to, or be patented and owned by, a reckless, ruthless chemical organisation” (Grist 22). The GMO industry exhibits bipolar behaviour, invoking the concept of “substantial difference” to claim patent rights by way of “novelty”, and then claiming “substantial equivalence” when dealing with other regulatory authorities including food, drug and pesticide agencies; a case of “having their cake and eating it too” (Engdahl 8). This is a clever slight-of-rhetoric, laying claim to the best of both worlds for corporations, and the worst of both worlds for consumers. Corporations achieve patent protection and no concomitant specific regulatory oversight; while consumers pay the cost of patent monopolization, and are not necessarily apprised, by way of labelling or otherwise, that they are purchasing and eating GMOs, and thereby financing the GMO industry. The lemma of “substantial equivalence” does not bear close scrutiny. It is a fuzzy concept that lacks a tight testable definition. It is exactly this fuzziness that allows lots of wriggle room to keep GMOs out of rigorous testing regimes. Millstone et al. argue that “substantial equivalence is a pseudo-scientific concept because it is a commercial and political judgement masquerading as if it is scientific. It is moreover, inherently anti-scientific because it was created primarily to provide an excuse for not requiring biochemical or toxicological tests. It therefore serves to discourage and inhibit informative scientific research” (526). “Substantial equivalence” grants GMOs the benefit of the doubt regarding safety, and thereby leaves unexamined the ramifications for human consumer health, for farm labourer and food-processor health, for the welfare of farm animals fed a diet of GMO grain, and for the well-being of the ecosystem, both in general and in its particularities. “Substantial equivalence” was introduced into the food discourse by an Organisation for Economic Co-operation and Development (OECD) report: “safety evaluation of foods derived by modern biotechnology: concepts and principles”. It is from this document that the ongoing mantra of assumed safety of GMOs derives: “modern biotechnology … does not inherently lead to foods that are less safe … . Therefore evaluation of foods and food components obtained from organisms developed by the application of the newer techniques does not necessitate a fundamental change in established principles, nor does it require a different standard of safety” (OECD, “Safety” 10). This was at the time, and remains, an act of faith, a pro-corporatist and a post-cautionary approach. The OECD motto reveals where their priorities lean: “for a better world economy” (OECD, “Better”). The term “substantial equivalence” was preceded by the 1992 USFDA concept of “substantial similarity” (Levidow, Murphy and Carr) and was adopted from a prior usage by the US Food and Drug Agency (USFDA) where it was used pertaining to medical devices (Miller). Even GMO proponents accept that “Substantial equivalence is not intended to be a scientific formulation; it is a conceptual tool for food producers and government regulators” (Miller 1043). And there’s the rub – there is no scientific definition of “substantial equivalence”, no scientific test of proof of concept, and nor is there likely to be, since this is a ‘spinmeister’ term. And yet this is the cornerstone on which rests the presumption of safety of GMOs. Absence of evidence is taken to be evidence of absence. History suggests that this is a fraught presumption. By way of contrast, the patenting of GMOs depends on the antithesis of assumed ‘sameness’. Patenting rests on proven, scrutinised, challengeable and robust tests of difference and novelty. Lightfoot et al. report that transgenic plants exhibit “unexpected changes [that] challenge the usual assumptions of GMO equivalence and suggest genomic, proteomic and metanomic characterization of transgenics is advisable” (1). GMO Milk and Contested Labelling Pesticide company Monsanto markets the genetically engineered hormone rBST (recombinant Bovine Somatotropin; also known as: rbST; rBGH, recombinant Bovine Growth Hormone; and the brand name Prosilac) to dairy farmers who inject it into their cows to increase milk production. This product is not approved for use in many jurisdictions, including Europe, Australia, New Zealand, Canada and Japan. Even Monsanto accepts that rBST leads to mastitis (inflammation and pus in the udder) and other “cow health problems”, however, it maintains that “these problems did not occur at rates that would prohibit the use of Prosilac” (Monsanto). A European Union study identified an extensive list of health concerns of rBST use (European Commission). The US Dairy Export Council however entertain no doubt. In their background document they ask “is milk from cows treated with rBST safe?” and answer “Absolutely” (USDEC). Meanwhile, Monsanto’s website raises and answers the question: “Is the milk from cows treated with rbST any different from milk from untreated cows? No” (Monsanto). Injecting cows with genetically modified hormones to boost their milk production remains a contested practice, banned in many countries. It is the claimed equivalence that has kept consumers of US dairy products in the dark, shielded rBST dairy farmers from having to declare that their milk production is GMO-enhanced, and has inhibited non-GMO producers from declaring their milk as non-GMO, non rBST, or not hormone enhanced. This is a battle that has simmered, and sometimes raged, for a decade in the US. Finally there is a modest victory for consumers: the Pennsylvania Department of Agriculture (PDA) requires all labels used on milk products to be approved in advance by the department. The standard issued in October 2007 (PDA, “Standards”) signalled to producers that any milk labels claiming rBST-free status would be rejected. This advice was rescinded in January 2008 with new, specific, department-approved textual constructions allowed, and ensuring that any “no rBST” style claim was paired with a PDA-prescribed disclaimer (PDA, “Revised Standards”). However, parsimonious labelling is prohibited: No labeling may contain references such as ‘No Hormones’, ‘Hormone Free’, ‘Free of Hormones’, ‘No BST’, ‘Free of BST’, ‘BST Free’,’No added BST’, or any statement which indicates, implies or could be construed to mean that no natural bovine somatotropin (BST) or synthetic bovine somatotropin (rBST) are contained in or added to the product. (PDA, “Revised Standards” 3) Difference claims are prohibited: In no instance shall any label state or imply that milk from cows not treated with recombinant bovine somatotropin (rBST, rbST, RBST or rbst) differs in composition from milk or products made with milk from treated cows, or that rBST is not contained in or added to the product. If a product is represented as, or intended to be represented to consumers as, containing or produced from milk from cows not treated with rBST any labeling information must convey only a difference in farming practices or dairy herd management methods. (PDA, “Revised Standards” 3) The PDA-approved labelling text for non-GMO dairy farmers is specified as follows: ‘From cows not treated with rBST. No significant difference has been shown between milk derived from rBST-treated and non-rBST-treated cows’ or a substantial equivalent. Hereinafter, the first sentence shall be referred to as the ‘Claim’, and the second sentence shall be referred to as the ‘Disclaimer’. (PDA, “Revised Standards” 4) It is onto the non-GMO dairy farmer alone, that the costs of compliance fall. These costs include label preparation and approval, proving non-usage of GMOs, and of creating and maintaining an audit trail. In nearby Ohio a similar consumer versus corporatist pantomime is playing out. This time with the Ohio Department of Agriculture (ODA) calling the shots, and again serving the GMO industry. The ODA prescribed text allowed to non-GMO dairy farmers is “from cows not supplemented with rbST” and this is to be conjoined with the mandatory disclaimer “no significant difference has been shown between milk derived from rbST-supplemented and non-rbST supplemented cows” (Curet). These are “emergency rules”: they apply for 90 days, and are proposed as permanent. Once again, the onus is on the non-GMO dairy farmers to document and prove their claims. GMO dairy farmers face no such governmental requirements, including no disclosure requirement, and thus an asymmetric regulatory impost is placed on the non-GMO farmer which opens up new opportunities for administrative demands and technocratic harassment. Levidow et al. argue, somewhat Eurocentrically, that from its 1990s adoption “as the basis for a harmonized science-based approach to risk assessment” (26) the concept of “substantial equivalence” has “been recast in at least three ways” (58). It is true that the GMO debate has evolved differently in the US and Europe, and with other jurisdictions usually adopting intermediate positions, yet the concept persists. Levidow et al. nominate their three recastings as: firstly an “implicit redefinition” by the appending of “extra phrases in official documents”; secondly, “it has been reinterpreted, as risk assessment processes have … required more evidence of safety than before, especially in Europe”; and thirdly, “it has been demoted in the European Union regulatory procedures so that it can no longer be used to justify the claim that a risk assessment is unnecessary” (58). Romeis et al. have proposed a decision tree approach to GMO risks based on cascading tiers of risk assessment. However what remains is that the defects of the concept of “substantial equivalence” persist. Schauzu identified that: such decisions are a matter of “opinion”; that there is “no clear definition of the term ‘substantial’”; that because genetic modification “is aimed at introducing new traits into organisms, the result will always be a different combination of genes and proteins”; and that “there is no general checklist that could be followed by those who are responsible for allowing a product to be placed on the market” (2). Benchmark for Further Food Novelties? The discourse, contestation, and debate about “substantial equivalence” have largely focussed on the introduction of GMOs into food production processes. GM can best be regarded as the test case, and proof of concept, for establishing “substantial equivalence” as a benchmark for evaluating new and forthcoming food technologies. This is of concern, because the concept of “substantial equivalence” is scientific hokum, and yet its persistence, even entrenchment, within regulatory agencies may be a harbinger of forthcoming same-but-different debates for nanotechnology and other future bioengineering. The appeal of “substantial equivalence” has been a brake on the creation of GMO-specific regulations and on rigorous GMO testing. The food nanotechnology industry can be expected to look to the precedent of the GMO debate to head off specific nano-regulations and nano-testing. As cloning becomes economically viable, then this may be another wave of food innovation that muddies the regulatory waters with the confused – and ultimately self-contradictory – concept of “substantial equivalence”. Nanotechnology engineers particles in the size range 1 to 100 nanometres – a nanometre is one billionth of a metre. This is interesting for manufacturers because at this size chemicals behave differently, or as the Australian Office of Nanotechnology expresses it, “new functionalities are obtained” (AON). Globally, government expenditure on nanotechnology research reached US$4.6 billion in 2006 (Roco 3.12). While there are now many patents (ETC Group; Roco), regulation specific to nanoparticles is lacking (Bowman and Hodge; Miller and Senjen). The USFDA advises that nano-manufacturers “must show a reasonable assurance of safety … or substantial equivalence” (FDA). A recent inventory of nano-products already on the market identified 580 products. Of these 11.4% were categorised as “Food and Beverage” (WWICS). This is at a time when public confidence in regulatory bodies is declining (HRA). In an Australian consumer survey on nanotechnology, 65% of respondents indicated they were concerned about “unknown and long term side effects”, and 71% agreed that it is important “to know if products are made with nanotechnology” (MARS 22). Cloned animals are currently more expensive to produce than traditional animal progeny. In the course of 678 pages, the USFDA Animal Cloning: A Draft Risk Assessment has not a single mention of “substantial equivalence”. However the Federation of Animal Science Societies (FASS) in its single page “Statement in Support of USFDA’s Risk Assessment Conclusion That Food from Cloned Animals Is Safe for Human Consumption” states that “FASS endorses the use of this comparative evaluation process as the foundation of establishing substantial equivalence of any food being evaluated. It must be emphasized that it is the food product itself that should be the focus of the evaluation rather than the technology used to generate cloned animals” (FASS 1). Contrary to the FASS derogation of the importance of process in food production, for consumers both the process and provenance of production is an important and integral aspect of a food product’s value and identity. Some consumers will legitimately insist that their Kalamata olives are from Greece, or their balsamic vinegar is from Modena. It was the British public’s growing awareness that their sugar was being produced by slave labour that enabled the boycotting of the product, and ultimately the outlawing of slavery (Hochschild). When consumers boycott Nestle, because of past or present marketing practices, or boycott produce of USA because of, for example, US foreign policy or animal welfare concerns, they are distinguishing the food based on the narrative of the food, the production process and/or production context which are a part of the identity of the food. Consumers attribute value to food based on production process and provenance information (Paull). Products produced by slave labour, by child labour, by political prisoners, by means of torture, theft, immoral, unethical or unsustainable practices are different from their alternatives. The process of production is a part of the identity of a product and consumers are increasingly interested in food narrative. It requires vigilance to ensure that these narratives are delivered with the product to the consumer, and are neither lost nor suppressed. Throughout the GM debate, the organic sector has successfully skirted the “substantial equivalence” debate by excluding GMOs from the certified organic food production process. This GMO-exclusion from the organic food stream is the one reprieve available to consumers worldwide who are keen to avoid GMOs in their diet. The organic industry carries the expectation of providing food produced without artificial pesticides and fertilizers, and by extension, without GMOs. Most recently, the Soil Association, the leading organic certifier in the UK, claims to be the first organisation in the world to exclude manufactured nonoparticles from their products (Soil Association). There has been the call that engineered nanoparticles be excluded from organic standards worldwide, given that there is no mandatory safety testing and no compulsory labelling in place (Paull and Lyons). The twisted rhetoric of oxymorons does not make the ideal foundation for policy. Setting food policy on the shifting sands of “substantial equivalence” seems foolhardy when we consider the potentially profound ramifications of globally mass marketing a dysfunctional food. If there is a 2×2 matrix of terms – “substantial equivalence”, substantial difference, insubstantial equivalence, insubstantial difference – while only one corner of this matrix is engaged for food policy, and while the elements remain matters of opinion rather than being testable by science, or by some other regime, then the public is the dupe, and potentially the victim. “Substantial equivalence” has served the GMO corporates well and the public poorly, and this asymmetry is slated to escalate if nano-food and clone-food are also folded into the “substantial equivalence” paradigm. Only in Orwellian Newspeak is war peace, or is same different. It is time to jettison the pseudo-scientific doctrine of “substantial equivalence”, as a convenient oxymoron, and embrace full disclosure of provenance, process and difference, so that consumers are not collateral in a continuing asymmetric knowledge war. References Australian Office of Nanotechnology (AON). 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Hart Research Associates, 25 Sep. 2007.Levidow, Les, Joseph Murphy, and Susan Carr. “Recasting ‘Substantial Equivalence’: Transatlantic Governance of GM Food.” Science, Technology, and Human Values 32.1 (Jan. 2007): 26-64.Lightfoot, David, Rajsree Mungur, Rafiqa Ameziane, Anthony Glass, and Karen Berhard. “Transgenic Manipulation of C and N Metabolism: Stretching the GMO Equivalence.” American Society of Plant Biologists Conference: Plant Biology, 2000.MARS. “Final Report: Australian Community Attitudes Held about Nanotechnology – Trends 2005-2007.” Report prepared for Department of Industry, Tourism and Resources (DITR). Miranda, NSW: Market Attitude Research Services, 12 June 2007.Miller, Georgia, and Rye Senjen. “Out of the Laboratory and on to Our Plates: Nanotechnology in Food and Agriculture.” Friends of the Earth, 2008. 24 Apr. 2008 < http://nano.foe.org.au/node/220 >.Miller, Henry. “Substantial Equivalence: Its Uses and Abuses.” Nature Biotechnology 17 (7 Nov. 1999): 1042-1043.Millstone, Erik, Eric Brunner, and Sue Mayer. “Beyond ‘Substantial Equivalence’.” Nature 401 (7 Oct. 1999): 525-526.Monsanto. “Posilac, Bovine Somatotropin by Monsanto: Questions and Answers about bST from the United States Food and Drug Administration.” 2007. 24 Apr. 2008 < http://www.monsantodairy.com/faqs/fda_safety.html >.Organisation for Economic Co-operation and Development (OECD). “For a Better World Economy.” Paris: OECD, 2008. 24 Apr. 2008 < http://www.oecd.org/ >.———. “Safety Evaluation of Foods Derived by Modern Biotechnology: Concepts and Principles.” Paris: OECD, 1993.Orwell, George. Animal Farm. Adelaide: ebooks@Adelaide, 2004 (1945). 30 Apr. 2008 < http://ebooks.adelaide.edu.au/o/orwell/george >.Paull, John. “Provenance, Purity and Price Premiums: Consumer Valuations of Organic and Place-of-Origin Food Labelling.” Research Masters thesis, University of Tasmania, Hobart, 2006. 24 Apr. 2008 < http://eprints.utas.edu.au/690/ >.Paull, John, and Kristen Lyons. “Nanotechnology: The Next Challenge for Organics.” Journal of Organic Systems (in press).Pennsylvania Department of Agriculture (PDA). “Revised Standards and Procedure for Approval of Proposed Labeling of Fluid Milk.” Milk Labeling Standards (2.0.1.17.08). Bureau of Food Safety and Laboratory Services, Pennsylvania Department of Agriculture, 17 Jan. 2008. ———. “Standards and Procedure for Approval of Proposed Labeling of Fluid Milk, Milk Products and Manufactured Dairy Products.” Milk Labeling Standards (2.0.1.17.08). Bureau of Food Safety and Laboratory Services, Pennsylvania Department of Agriculture, 22 Oct. 2007.Roco, Mihail. “National Nanotechnology Initiative – Past, Present, Future.” In William Goddard, Donald Brenner, Sergy Lyshevski and Gerald Iafrate, eds. Handbook of Nanoscience, Engineering and Technology. 2nd ed. Boca Raton, FL: CRC Press, 2007.Romeis, Jorg, Detlef Bartsch, Franz Bigler, Marco Candolfi, Marco Gielkins, et al. “Assessment of Risk of Insect-Resistant Transgenic Crops to Nontarget Arthropods.” Nature Biotechnology 26.2 (Feb. 2008): 203-208.Schauzu, Marianna. “The Concept of Substantial Equivalence in Safety Assessment of Food Derived from Genetically Modified Organisms.” AgBiotechNet 2 (Apr. 2000): 1-4.Soil Association. “Soil Association First Organisation in the World to Ban Nanoparticles – Potentially Toxic Beauty Products That Get Right under Your Skin.” London: Soil Association, 17 Jan. 2008. 24 Apr. 2008 < http://www.soilassociation.org/web/sa/saweb.nsf/848d689047 cb466780256a6b00298980/42308d944a3088a6802573d100351790!OpenDocument >.Smith, Jeffrey. Genetic Roulette: The Documented Health Risks of Genetically Engineered Foods. Fairfield, Iowa: Yes! Books, 2007.———. Seeds of Deception. Melbourne: Scribe, 2004.U.S. Dairy Export Council (USDEC). Bovine Somatotropin (BST) Backgrounder. Arlington, VA: U.S. Dairy Export Council, 2006.U.S. Food and Drug Administration (USFDA). Animal Cloning: A Draft Risk Assessment. Rockville, MD: Center for Veterinary Medicine, U.S. Food and Drug Administration, 28 Dec. 2006.———. FDA and Nanotechnology Products. U.S. Department of Health and Human Services, U.S. Food and Drug Administration, 2008. 24 Apr. 2008 < http://www.fda.gov/nanotechnology/faqs.html >.Woodrow Wilson International Center for Scholars (WWICS). “A Nanotechnology Consumer Products Inventory.” Data set as at Sep. 2007. Woodrow Wilson International Center for Scholars, Project on Emerging Technologies, Sep. 2007. 24 Apr. 2008 < http://www.nanotechproject.org/inventories/consumer >.

Connecting I’ve moved house on the weekend, closer to the centre of an Australian capital city. I had recently signed up for broadband, with a major Australian Internet company (my first contact, cf. Turner). Now I am the proud owner of a larger modem than I have ever owned: a white cable modem. I gaze out into our new street: two thick black cables cosseted in silver wire. I am relieved. My new home is located in one of those streets, double-cabled by Telstra and Optus in the data-rush of the mid-1990s. Otherwise, I’d be moth-balling the cable modem, and the thrill of my data percolating down coaxial cable. And it would be off to the computer supermarket to buy an ASDL modem, then to pick a provider, to squeeze some twenty-first century connectivity out of old copper (the phone network our grandparents and great-grandparents built). If I still lived in the country, or the outskirts of the city, or anywhere else more than four kilometres from the phone exchange, and somewhere that cable pay TV will never reach, it would be a dish for me — satellite. Our digital lives are premised upon infrastructure, the networks through which we shape what we do, fashion the meanings of our customs and practices, and exchange signs with others. Infrastructure is not simply the material or the technical (Lamberton), but it is the dense, fibrous knotting together of social visions, cultural resources, individual desires, and connections. No more can one easily discern between ‘society’ and ‘technology’, ‘carriage’ and ‘content’, ‘base’ and ‘superstructure’, or ‘infrastructure’ and ‘applications’ (or ‘services’ or ‘content’). To understand telecommunications in action, or the vectors of fibre, we need to consider the long and heterogeneous list of links among different human and non-human actors — the long networks, to take Bruno Latour’s evocative concept, that confect our broadband networks (Latour). The co-ordinates of our infrastructure still build on a century-long history of telecommunications networks, on the nineteenth-century centrality of telegraphy preceding this, and on the histories of the public and private so inscribed. Yet we are in the midst of a long, slow dismantling of the posts-telegraph-telephone (PTT) model of the monopoly carrier for each nation that dominated the twentieth century, with its deep colonial foundations. Instead our New World Information and Communication Order is not the decolonising UNESCO vision of the late 1970s and early 1980s (MacBride, Maitland). Rather it is the neoliberal, free trade, market access model, its symbol the 1984 US judicial decision to require the break-up of AT&T and the UK legislation in the same year that underpinned the Thatcherite twin move to privatize British Telecom and introduce telecommunications competition. Between 1984 and 1999, 110 telecommunications companies were privatized, and the ‘acquisition of privatized PTOs [public telecommunications operators] by European and American operators does follow colonial lines’ (Winseck 396; see also Mody, Bauer & Straubhaar). The competitive market has now been uneasily installed as the paradigm for convergent communications networks, not least with the World Trade Organisation’s 1994 General Agreement on Trade in Services and Annex on Telecommunications. As the citizen is recast as consumer and customer (Goggin, ‘Citizens and Beyond’), we rethink our cultural and political axioms as well as the axes that orient our understandings in this area. Information might travel close to the speed of light, and we might fantasise about optical fibre to the home (or pillow), but our terrain, our band where the struggle lies today, is narrower than we wish. Begging for broadband, it seems, is a long way from warchalking for WiFi. Policy Circuits The dreary everyday business of getting connected plugs the individual netizen into a tangled mess of policy circuits, as much as tricky network negotiations. Broadband in mid-2003 in Australia is a curious chimera, welded together from a patchwork of technologies, old and newer communications industries, emerging economies and patterns of use. Broadband conjures up grander visions, however, of communication and cultural cornucopia. Broadband is high-speed, high-bandwidth, ‘always-on’, networked communications. People can send and receive video, engage in multimedia exchanges of all sorts, make the most of online education, realise the vision of home-based work and trading, have access to telemedicine, and entertainment. Broadband really entered the lexicon with the mass takeup of the Internet in the early to mid-1990s, and with the debates about something called the ‘information superhighway’. The rise of the Internet, the deregulation of telecommunications, and the involuted convergence of communications and media technologies saw broadband positioned at the centre of policy debates nearly a decade ago. In 1993-1994, Australia had its Broadband Services Expert Group (BSEG), established by the then Labor government. The BSEG was charged with inquiring into ‘issues relating to the delivery of broadband services to homes, schools and businesses’. Stung by criticisms of elite composition (a narrow membership, with only one woman among its twelve members, and no consumer or citizen group representation), the BSEG was prompted into wider public discussion and consultation (Goggin & Newell). The then Bureau of Transport and Communications Economics (BTCE), since transmogrified into the Communications Research Unit of the Department of Communications, Information Technology and the Arts (DCITA), conducted its large-scale Communications Futures Project (BTCE and Luck). The BSEG Final report posed the question starkly: As a society we have choices to make. If we ignore the opportunities we run the risk of being left behind as other countries introduce new services and make themselves more competitive: we will become consumers of other countries’ content, culture and technologies rather than our own. Or we could adopt new technologies at any cost…This report puts forward a different approach, one based on developing a new, user-oriented strategy for communications. The emphasis will be on communication among people... (BSEG v) The BSEG proposed a ‘National Strategy for New Communications Networks’ based on three aspects: education and community access, industry development, and the role of government (BSEG x). Ironically, while the nation, or at least its policy elites, pondered the weighty question of broadband, Australia’s two largest telcos were doing it. The commercial decision of Telstra/Foxtel and Optus Vision, and their various television partners, was to nail their colours (black) to the mast, or rather telegraph pole, and to lay cable in the major capital cities. In fact, they duplicated the infrastructure in cities such as Sydney and Melbourne, then deciding it would not be profitable to cable up even regional centres, let alone small country towns or settlements. As Terry Flew and Christina Spurgeon observe: This wasteful duplication contrasted with many other parts of the country that would never have access to this infrastructure, or to the social and economic benefits that it was perceived to deliver. (Flew & Spurgeon 72) The implications of this decision for Australia’s telecommunications and television were profound, but there was little, if any, public input into this. Then Minister Michael Lee was very proud of his anti-siphoning list of programs, such as national sporting events, that would remain on free-to-air television rather than screen on pay, but was unwilling, or unable, to develop policy on broadband and pay TV cable infrastructure (on the ironies of Australia’s television history, see Given’s masterly account). During this period also, it may be remembered, Australia’s Internet was being passed into private hands, with the tendering out of AARNET (see Spurgeon for discussion). No such national strategy on broadband really emerged in the intervening years, nor has the market provided integrated, accessible broadband services. In 1997, landmark telecommunications legislation was enacted that provided a comprehensive framework for competition in telecommunications, as well as consolidating and extending consumer protection, universal service, customer service standards, and other reforms (CLC). Carrier and reseller competition had commenced in 1991, and the 1997 legislation gave it further impetus. Effective competition is now well established in long distance telephone markets, and in mobiles. Rivalrous competition exists in the market for local-call services, though viable alternatives to Telstra’s dominance are still few (Fels). Broadband too is an area where there is symbolic rivalry rather than effective competition. This is most visible in advertised ADSL offerings in large cities, yet most of the infrastructure for these services is comprised by Telstra’s copper, fixed-line network. Facilities-based duopoly competition exists principally where Telstra/Foxtel and Optus cable networks have been laid, though there are quite a number of ventures underway by regional telcos, power companies, and, most substantial perhaps, the ACT government’s TransACT broadband network. Policymakers and industry have been greatly concerned about what they see as slow takeup of broadband, compared to other countries, and by barriers to broadband competition and access to ‘bottleneck’ facilities (such as Telstra or Optus’s networks) by potential competitors. The government has alternated between trying to talk up broadband benefits and rates of take up and recognising the real difficulties Australia faces as a large country with a relative small and dispersed population. In March 2003, Minister Alston directed the ACCC to implement new monitoring and reporting arrangements on competition in the broadband industry. A key site for discussion of these matters has been the competition policy institution, the Australian Competition and Consumer Commission, and its various inquiries, reports, and considerations (consult ACCC’s telecommunications homepage at http://www.accc.gov.au/telco/fs-telecom.htm). Another key site has been the Productivity Commission (http://www.pc.gov.au), while a third is the National Office on the Information Economy (NOIE - http://www.noie.gov.au/projects/access/access/broadband1.htm). Others have questioned whether even the most perfectly competitive market in broadband will actually provide access to citizens and consumers. A great deal of work on this issue has been undertaken by DCITA, NOIE, the regulators, and industry bodies, not to mention consumer and public interest groups. Since 1997, there have been a number of governmental inquiries undertaken or in progress concerning the takeup of broadband and networked new media (for example, a House of Representatives Wireless Broadband Inquiry), as well as important inquiries into the still most strategically important of Australia’s companies in this area, Telstra. Much of this effort on an ersatz broadband policy has been piecemeal and fragmented. There are fundamental difficulties with the large size of the Australian continent and its harsh terrain, the small size of the Australian market, the number of providers, and the dominant position effectively still held by Telstra, as well as Singtel Optus (Optus’s previous overseas investors included Cable & Wireless and Bell South), and the larger telecommunications and Internet companies (such as Ozemail). Many consumers living in metropolitan Australia still face real difficulties in realising the slogan ‘bandwidth for all’, but the situation in parts of rural Australia is far worse. Satellite ‘broadband’ solutions are available, through Telstra Countrywide or other providers, but these offer limited two-way interactivity. Data can be received at reasonable speeds (though at far lower data rates than how ‘broadband’ used to be defined), but can only be sent at far slower rates (Goggin, Rural Communities Online). The cultural implications of these digital constraints may well be considerable. Computer gamers, for instance, are frustrated by slow return paths. In this light, the final report of the January 2003 Broadband Advisory Group (BAG) is very timely. The BAG report opens with a broadband rhapsody: Broadband communications technologies can deliver substantial economic and social benefits to Australia…As well as producing productivity gains in traditional and new industries, advanced connectivity can enrich community life, particularly in rural and regional areas. It provides the basis for integration of remote communities into national economic, cultural and social life. (BAG 1, 7) Its prescriptions include: Australia will be a world leader in the availability and effective use of broadband...and to capture the economic and social benefits of broadband connectivity...Broadband should be available to all Australians at fair and reasonable prices…Market arrangements should be pro-competitive and encourage investment...The Government should adopt a National Broadband Strategy (BAG 1) And, like its predecessor nine years earlier, the BAG report does make reference to a national broadband strategy aiming to maximise “choice in work and recreation activities available to all Australians independent of location, background, age or interests” (17). However, the idea of a national broadband strategy is not something the BAG really comes to grips with. The final report is keen on encouraging broadband adoption, but not explicit on how barriers to broadband can be addressed. Perhaps this is not surprising given that the membership of the BAG, dominated by representatives of large corporations and senior bureaucrats was even less representative than its BSEG predecessor. Some months after the BAG report, the Federal government did declare a broadband strategy. It did so, intriguingly enough, under the rubric of its response to the Regional Telecommunications Inquiry report (Estens), the second inquiry responsible for reassuring citizens nervous about the full-privatisation of Telstra (the first inquiry being Besley). The government’s grand $142.8 million National Broadband Strategy focusses on the ‘broadband needs of regional Australians, in partnership with all levels of government’ (Alston, ‘National Broadband Strategy’). Among other things, the government claims that the Strategy will result in “improved outcomes in terms of services and prices for regional broadband access; [and] the development of national broadband infrastructure assets.” (Alston, ‘National Broadband Strategy’) At the same time, the government announced an overall response to the Estens Inquiry, with specific safeguards for Telstra’s role in regional communications — a preliminary to the full Telstra sale (Alston, ‘Future Proofing’). Less publicised was the government’s further initiative in indigenous telecommunications, complementing its Telecommunications Action Plan for Remote Indigenous Communities (DCITA). Indigenous people, it can be argued, were never really contemplated as citizens with the ken of the universal service policy taken to underpin the twentieth-century government monopoly PTT project. In Australia during the deregulatory and re-regulatory 1990s, there was a great reluctance on the part of Labor and Coalition Federal governments, Telstra and other industry participants, even to research issues of access to and use of telecommunications by indigenous communicators. Telstra, and to a lesser extent Optus (who had purchased AUSSAT as part of their licence arrangements), shrouded the issue of indigenous communications in mystery that policymakers were very reluctant to uncover, let alone systematically address. Then regulator, the Australian Telecommunications Authority (AUSTEL), had raised grave concerns about indigenous telecommunications access in its 1991 Rural Communications inquiry. However, there was no government consideration of, nor research upon, these issues until Alston commissioned a study in 2001 — the basis for the TAPRIC strategy (DCITA). The elision of indigenous telecommunications from mainstream industry and government policy is all the more puzzling, if one considers the extraordinarily varied and significant experiments by indigenous Australians in telecommunications and Internet (not least in the early work of the Tanami community, made famous in media and cultural studies by the writings of anthropologist Eric Michaels). While the government’s mid-2003 moves on a ‘National Broadband Strategy’ attend to some details of the broadband predicament, they fall well short of an integrated framework that grasps the shortcomings of the neoliberal communications model. The funding offered is a token amount. The view from the seat of government is a glance from the rear-view mirror: taking a snapshot of rural communications in the years 2000-2002 and projecting this tableau into a safety-net ‘future proofing’ for the inevitable turning away of a fully-privately-owned Telstra from its previously universal, ‘carrier of last resort’ responsibilities. In this aetiolated, residualist policy gaze, citizens remain constructed as consumers in a very narrow sense in this incremental, quietist version of state securing of market arrangements. What is missing is any more expansive notion of citizens, their varied needs, expectations, uses, and cultural imaginings of ‘always on’ broadband networks. Hybrid Networks “Most people on earth will eventually have access to networks that are all switched, interactive, and broadband”, wrote Frances Cairncross in 1998. ‘Eventually’ is a very appropriate word to describe the parlous state of broadband technology implementation. Broadband is in a slow state of evolution and invention. The story of broadband so far underscores the predicament for Australian access to bandwidth, when we lack any comprehensive, integrated, effective, and fair policy in communications and information technology. We have only begun to experiment with broadband technologies and understand their evolving uses, cultural forms, and the sense in which they rework us as subjects. Our communications networks are not superhighways, to invoke an enduring artefact from an older technology. Nor any longer are they a single ‘public’ switched telecommunications network, like those presided over by the post-telegraph-telephone monopolies of old. Like roads themselves, or the nascent postal system of the sixteenth century, broadband is a patchwork quilt. The ‘fibre’ of our communications networks is hybrid. To be sure, powerful corporations dominate, like the Tassis or Taxis who served as postmasters to the Habsburg emperors (Briggs & Burke 25). Activating broadband today provides a perspective on the path dependency of technology history, and how we can open up new threads of a communications fabric. Our options for transforming our multitudinous networked lives emerge as much from everyday tactics and strategies as they do from grander schemes and unifying policies. We may care to reflect on the waning potential for nation-building technology, in the wake of globalisation. We no longer gather our imagined community around a Community Telephone Plan as it was called in 1960 (Barr, Moyal, and PMG). Yet we do require national and international strategies to get and stay connected (Barr), ideas and funding that concretely address the wider dimensions of access and use. We do need to debate the respective roles of Telstra, the state, community initiatives, and industry competition in fair telecommunications futures. Networks have global reach and require global and national integration. Here vision, co-ordination, and resources are urgently required for our commonweal and moral fibre. To feel the width of the band we desire, we need to plug into and activate the policy circuits. Thanks to Grayson Cooke, Patrick Lichty, Ned Rossiter, John Pace, and an anonymous reviewer for helpful comments. Works Cited Alston, Richard. ‘ “Future Proofing” Regional Communications.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.php> —. ‘A National Broadband Strategy.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.php>. Australian Competition and Consumer Commission (ACCC). Broadband Services Report March 2003. Canberra: ACCC, 2003. 17 July 2003 <http://www.accc.gov.au/telco/fs-telecom.htm>. —. Emerging Market Structures in the Communications Sector. Canberra: ACCC, 2003. 15 July 2003 <http://www.accc.gov.au/pubs/publications/utilities/telecommu... ...nications/Emerg_mar_struc.doc>. Barr, Trevor. new media.com: The Changing Face of Australia’s Media and Telecommunications. Sydney: Allen & Unwin, 2000. Besley, Tim (Telecommunications Service Inquiry). Connecting Australia: Telecommunications Service Inquiry. Canberra: Department of Information, Communications and the Arts, 2000. 17 July 2003 <http://www.telinquiry.gov.au/final_report.php>. Briggs, Asa, and Burke, Peter. A Social History of the Internet: From Gutenberg to the Internet. Cambridge: Polity, 2002. Broadband Advisory Group. Australia’s Broadband Connectivity: The Broadband Advisory Group’s Report to Government. Melbourne: National Office on the Information Economy, 2003. 15 July 2003 <http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm>. Broadband Services Expert Group. Networking Australia’s Future: Final Report. Canberra: Australian Government Publishing Service (AGPS), 1994. Bureau of Transport and Communications Economics (BTCE). Communications Futures Final Project. Canberra: AGPS, 1994. Cairncross, Frances. The Death of Distance: How the Communications Revolution Will Change Our Lives. London: Orion Business Books, 1997. Communications Law Centre (CLC). Australian Telecommunications Regulation: The Communications Law Centre Guide. 2nd edition. Sydney: Communications Law Centre, University of NSW, 2001. Department of Communications, Information Technology and the Arts (DCITA). Telecommunications Action Plan for Remote Indigenous Communities: Report on the Strategic Study for Improving Telecommunications in Remote Indigenous Communities. Canberra: DCITA, 2002. Estens, D. Connecting Regional Australia: The Report of the Regional Telecommunications Inquiry. Canberra: DCITA, 2002. <http://www.telinquiry.gov.au/rti-report.php>, accessed 17 July 2003. Fels, Alan. ‘Competition in Telecommunications’, speech to Australian Telecommunications Users Group 19th Annual Conference. 6 March, 2003, Sydney. <http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc>, accessed 15 July 2003. Flew, Terry, and Spurgeon, Christina. ‘Television After Broadcasting’. In The Australian TV Book. Ed. Graeme Turner and Stuart Cunningham. Allen & Unwin, Sydney. 69-85. 2000. Given, Jock. Turning Off the Television. Sydney: UNSW Press, 2003. Goggin, Gerard. ‘Citizens and Beyond: Universal service in the Twilight of the Nation-State.’ In All Connected?: Universal Service in Telecommunications, ed. Bruce Langtry. Melbourne: University of Melbourne Press, 1998. 49-77 —. Rural Communities Online: Networking to link Consumers to Providers. Melbourne: Telstra Consumer Consultative Council, 2003. Goggin, Gerard, and Newell, Christopher. Digital Disability: The Social Construction of Disability in New Media. Lanham, MD: Rowman & Littlefield, 2003. House of Representatives Standing Committee on Communications, Information Technology and the Arts (HoR). Connecting Australia!: Wireless Broadband. Report of Inquiry into Wireless Broadband Technologies. Canberra: Parliament House, 2002. <http://www.aph.gov.au/house/committee/cita/Wbt/report.htm>, accessed 17 July 2003. Lamberton, Don. ‘A Telecommunications Infrastructure is Not an Information Infrastructure’. Prometheus: Journal of Issues in Technological Change, Innovation, Information Economics, Communication and Science Policy 14 (1996): 31-38. Latour, Bruno. Science in Action: How to Follow Scientists and Engineers Through Society. Cambridge, MA: Harvard University Press, 1987. Luck, David. ‘Revisiting the Future: Assessing the 1994 BTCE communications futures project.’ Media International Australia 96 (2000): 109-119. MacBride, Sean (Chair of International Commission for the Study of Communication Problems). Many Voices, One World: Towards a New More Just and More Efficient World Information and Communication Order. Paris: Kegan Page, London. UNESCO, 1980. Maitland Commission (Independent Commission on Worldwide Telecommunications Development). The Missing Link. Geneva: International Telecommunications Union, 1985. Michaels, Eric. Bad Aboriginal Art: Tradition, Media, and Technological Horizons. Sydney: Allen & Unwin, 1994. Mody, Bella, Bauer, Johannes M., and Straubhaar, Joseph D., eds. Telecommunications Politics: Ownership and Control of the Information Highway in Developing Countries. Mahwah, NJ: Erlbaum, 1995. Moyal, Ann. Clear Across Australia: A History of Telecommunications. Melbourne: Thomas Nelson, 1984. Post-Master General’s Department (PMG). Community Telephone Plan for Australia. Melbourne: PMG, 1960. Productivity Commission (PC). Telecommunications Competition Regulation: Inquiry Report. Report No. 16. Melbourne: Productivity Commission, 2001. <http://www.pc.gov.au/inquiry/telecommunications/finalreport/>, accessed 17 July 2003. Spurgeon, Christina. ‘National Culture, Communications and the Information Economy.’ Media International Australia 87 (1998): 23-34. Turner, Graeme. ‘First Contact: coming to terms with the cable guy.’ UTS Review 3 (1997): 109-21. Winseck, Dwayne. ‘Wired Cities and Transnational Communications: New Forms of Governance for Telecommunications and the New Media’. In The Handbook of New Media: Social Shaping and Consequences of ICTs, ed. Leah A. Lievrouw and Sonia Livingstone. London: Sage, 2002. 393-409. World Trade Organisation. General Agreement on Trade in Services: Annex on Telecommunications. Geneva: World Trade Organisation, 1994. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm>. —. Fourth protocol to the General Agreement on Trade in Services. Geneva: World Trade Organisation. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm>. Links http://www.accc.gov.au/pubs/publications/utilities/telecommunications/Emerg_mar_struc.doc http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc http://www.accc.gov.au/telco/fs-telecom.htm http://www.aph.gov.au/house/committee/cita/Wbt/report.htm http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.html http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.html http://www.noie.gov.au/projects/access/access/broadband1.htm http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm http://www.pc.gov.au http://www.pc.gov.au/inquiry/telecommunications/finalreport/ http://www.telinquiry.gov.au/final_report.html http://www.telinquiry.gov.au/rti-report.html http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Goggin, Gerard. "Broadband" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0308/02-featurebroadband.php>. APA Style Goggin, G. (2003, Aug 26). Broadband. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0308/02-featurebroadband.php>

Introduction 2021 was the year that NFTs got big—not just in value but also in terms of the cultural consciousness. When digital artist Beeple sold the portfolio of his 5,000 daily images at Christie’s for US$69 million, the art world was left intrigued, confused, and outraged in equal measure. Depending on who you asked, non-fungible tokens (NFTs) seemed to be either a quick cash-grab or the future of the art market (Bowden and Jones; Smee). Following the Beeple sale, articles started to appear indicating that the film industry was abuzz for NFTs. Independent filmmaker Kevin Smith was quick to announce that he planned to release his horror film Killroy Was Here as an NFT (Alexander); in September 2021 the James Bond film No Time to Die also unveiled a series of collectibles to coincide with the film’s much-delayed theatrical release (Natalee); the distribution and collectible platforms Vuele, NFT Studios, and Mogul Productions all emerged, and the industry rumour mill suggests more start-ups are en route (CurrencyWorks; NFT Studios; NewsBTC). Blockchain disciples say that the technology will solve all the problems of the Internet (Tewari; Norton; European Business Review); critics say it will only perpetuate existing accessibility and equality issues (Davis and Flatow; Klein). Those more circumspect will doubtless sit back until the dust settles, waiting to see what parts of so-called web3 will be genuinely integrated into the architecture of the Internet. Pamela Hutchinson puts it neatly in terms of the arts sector: “the NFT may revolutionise the art market, film funding and distribution. Or it might be an ecological disaster and a financial bubble, in which few actual movies change hands, and fraudsters get rich from other people’s intellectual property” (Hutchinson). There is an uptick in the literature around NFTs and blockchain (see Quiniou; Gayvoronskaya & Meinel); however, the technology remains unregulated and unstandardised (Yeung 212-14; Dimitropoulos 112-13). Similarly, the sheer amount of funding being put into fundamental technical, data, and security-related issues speaks volumes to the nascency of the space (Ossinger; Livni; Gayvoronskaya & Meinel 52-6). Put very briefly, NFTs are part of a given blockchain system; think of them, like cryptocurrency coins, as “units of value” within that system (Roose). NFTs were initially rolled out on Ethereum, though several other blockchains have now implemented their own NFT frameworks. NFTs are usually not the artwork itself, but rather a unique, un-copyable (hence, non-fungible) piece of code that is attached, linked, or connected to another digital file, be that an image, video, text, or something else entirely. NFTs are often referred to as a digital artwork’s “certificate of authenticity” (Roose). At the time of writing, it remains to be seen how widely blockchain and NFT technology will be implemented across the entertainment industries. However, this article aims to outline the current state of implementation in the film trade specifically, and to attempt to sort true potential from the hype. Beginning with an overview of the core issues around blockchain and NFTs as they apply to film properties and adjacent products, current implementations of the technology are outlined, before finishing with a hesitant glimpse into the potential future applications. The Issues and Conversation At the core of current conversations around blockchain are three topics: intellectual property and ownership, concentrations of power and control, and environmental impact. To this I would like to add a consideration of social capital, which I begin with briefly here. Both the film industry and “crypto” — if we take the latter to encompass the various facets of so-called ‘web3’ — are engines of social capital. In the case of cinema, its products are commodified and passed through a model that begins with exclusivity (theatrical release) before progressing to mass availability (home media, streaming). The cinematic object, i.e., an individual copy of a film, is, by virtue of its origins as a mass product of the twentieth century, fungible. The film is captured, copied, stored, distributed, and shared. The film-industrial model has always relied on social phenomena, word of mouth, critical discourse, and latterly on buzz across digital social media platforms. This is perhaps as distinct from fine art, where — at least for dealers — the content of the piece does not necessarily matter so much as verification of ownership and provenance. Similarly, web3, with its decentralised and often-anonymised processes, relies on a kind of social activity, or at least a recorded interaction wherein the chain is stamped and each iteration is updated across the system. Even without the current hype, web3 still relies a great deal on discourse, sharing, and community, particularly as it flattens the existing hierarchies of the Internet that linger from Web 2.0. In terms of NFTs, blockchain systems attach scarcity and uniqueness to digital objects. For now, that scarcity and uniqueness is resulting in financial value, though as Jonathan Beller argues the notion of value could — or perhaps should — be reconsidered as blockchain technology, and especially cryptocurrencies, evolve (Beller 217). Regardless, NFT advocates maintain that this is the future of all online activity. To questions of copyright, the structures of blockchain do permit some level of certainty around where a given piece of intellectual property emerged. This is particularly useful where there are transnational differences in recognition of copyright law, such as in France, for instance (Quiniou 112-13). The Berne Convention stipulates that “the subsistence of copyright does not rest on the compliance with formal requirements: rights will exist if the work meets the requirements for protection set out by national law and treaties” (Guadamuz 1373). However, there are still no legal structures underpinning even the most transparent of transactions, when an originator goes out of their way to transfer rights to the buyer of the accompanying NFT. The minimum requirement — even courtesy — for the assignment of rights is the identification of the work itself; as Guadamuz notes, this is tricky for NFTs as they are written in code (1374). The blockchain’s openness and transparency are its key benefits, but until the code can explicitly include (or concretely and permanently reference) the ‘content’ of an NFT, its utility as a system of ownership is questionable. Decentralisation, too, is raised consistently as a key positive characteristic of blockchain technology. Despite the energy required for this decentralisation (addressed shortly), it is true that, at least in its base code, blockchain is a technology with no centralised source of truth or verification. Instead, such verification is performed by every node on the chain. On the surface, for the film industry, this might mean modes of financing, rights management, and distribution chains that are not beholden to multinational media conglomerates, streamers like Netflix, niche intermediaries, or legacy studios. The result here would be a flattening of the terrain: breaking down studio and corporate gatekeeping in favour of a more democratised creative landscape. Creators and creative teams would work peer-to-peer, paying, contracting, servicing, and distribution via the blockchain, with iron-clad, publicly accessible tracking of transactions and ownership. The alternative, though, is that the same imbalances persist, just in a different form: this is outlined in the next section. As Hunter Vaughan writes, the film industry’s environmental impact has long been under-examined. Its practices are diverse, distributed, and hard to quantify. Cinematic images, Vaughan writes, “do not come from nothing, and they do not vanish into the air: they have always been generated by the earth and sun, by fossil fuels and chemical reactions, and our enjoyment of them has material consequences” (3). We believe that by watching a “green” film like Avatar we are doing good, but it implicates us in the dirty secret, an issue of “ignorance and of voluntary psychosis” where “we do not see who we are harming or how these practices are affecting the environment, and we routinely agree to accept the virtual as real” (5). Beyond questions of implication and eco-material conceptualisation, however, there are stark facts. In the 1920s, the Kodak Park Plant in New York drew 12 million gallons of water from Lake Ontario each day to produce film stock. As the twentieth century came to a close, this amount — for a single film plant — had grown to 35-53 million gallons per day. The waste water was perfunctorily “cleaned” and then dumped into surrounding rivers (72-3). This was just one plant, and one part of the filmmaking process. With the shift to digital, this cost might now be calculated in the extraction of precious metals used to make contemporary cameras, computers, or storage devices. Regardless, extrapolate outwards to a global film industry and one quickly realises the impact is almost beyond comprehension. Considering — let alone calculating — the carbon footprint of blockchain requires outlining some fundamentals of the technology. The two primary architectures of blockchain are Proof of Work (PoW) and Proof of Stake (PoS), both of which denote methods of adding and verifying new blocks to a chain. PoW was the first model, employed by Bitcoin and the first iteration of Ethereum. In a PoW model, each new block has a specific cryptographic hash. To confirm the new block, crypto miners use their systems to generate a target hash that is less than or equal to that of the block. The systems process these calculations quickly, as the goal is to be “the first miner with the target hash because that miner is the one who can update the blockchain and receive crypto rewards” (Daly). The race for block confirmation necessitates huge amounts of processing power to make these quick calculations. The PoS model differs in that miners are replaced by validators (or staking services where participants pool validation power). Rather than investing in computer power, validators invest in the blockchain’s coins, staking those coins (tokens) in a smart contract (think of this contract like a bank account or vault). When a new block is proposed, an algorithm chooses a validator based on the size of their stake; if the block is verified, the validator receives further cryptocurrency as a reward (Castor). Given the ubiquity and exponential growth of blockchain technology and its users, an accurate quantification of its carbon footprint is difficult. For some precedent, though, one might consider the impact of the Bitcoin blockchain, which runs on a PoW model. As the New York Times so succinctly puts it: “the process of creating Bitcoin to spend or trade consumes around 91 terawatt-hours of electricity annually, more than is used by Finland, a nation of about 5.5 million” (Huang, O’Neill and Tabuchi). The current Ethereum system (at time of writing), where the majority of NFT transactions take place, also runs on PoW, and it is estimated that a single Ethereum transaction is equivalent to nearly nine days of power consumption by an average US household (Digiconomist). Ethereum always intended to operate on a PoS system, and the transition to this new model is currently underway (Castor). Proof of Stake transactions use significantly less energy — the new Ethereum will supposedly be approximately 2,000 times more energy efficient (Beekhuizen). However, newer systems such as Solana have been explicit about their efficiency goals, stating that a single Solana transaction uses less energy (1,837 Joules, to be precise) than keeping an LED light on for one hour (36,000 J); one Ethereum transaction, for comparison, uses over 692 million J (Solana). In addition to energy usage, however, there is also the question of e-waste as a result of mining and general blockchain operations which, at the time of writing, for Bitcoin sits at around 32 kilotons per year, around the same as the consumer IT wastage of the Netherlands (de Vries and Stoll). How the growth in NFT awareness and adoption amplifies this impact remains to be seen, but depending on which blockchain they use, they may be wasting energy and resources by design. If using a PoW model, the more valuable the cryptocurrency used to make the purchase, the more energy (“gas”) required to authenticate the purchase across the chain. Images abound online of jerry-rigged crypto data centres of varying quality (see also efficiency and safety). With each NFT minted, sold, or traded, these centres draw — and thus waste, for gas — more and more energy. With increased public attention and scrutiny, cryptocurrencies are slowly realising that things could be better. As sustainable alternatives become more desirable and mainstream, it is safe to predict that many NFT marketplaces may migrate to Cardano, Solana, or other more efficient blockchain bases. For now, though, this article considers the existing implementations of NFTs and blockchain technology within the film industry. Current Implementations The current applications of NFTs in film centre around financing and distribution. In terms of the former, NFTs are saleable items that can raise capital for production, distribution, or marketing. As previously mentioned, director Kevin Smith launched Jay & Silent Bob’s Crypto Studio in order to finish and release Killroy Was Here. Smith released over 600 limited edition tokens, including one of the film itself (Moore). In October 2021, renowned Hong Kong director Wong Kar-wai sold an NFT with unreleased footage from his film In the Mood for Love at Sotheby’s for US$550,000 (Raybaud). Quentin Tarantino entered the arena in January 2022, auctioning uncut scenes from his 1994 film Pulp Fiction, despite the threat of legal action from the film’s original distributor Miramax (Dailey). In Australia, an early adopter of the technology is director Michael Beets, who works in virtual production and immersive experiences. His immersive 14-minute VR film Nezunoban (2020) was split into seven different chapters, and each chapter was sold as an NFT. Beets also works with artists to develop entry tickets that are their own piece of generative art; with these tickets and the chapters selling for hundreds of dollars at a time, Beets seems to have achieved the impossible: turning a profit on a short film (Fletcher). Another Australian writer-producer, Samuel Wilson, now based in Canada, suggests that the technology does encourage filmmakers to think differently about what they create: At the moment, I’m making NFTs from extra footage of my feature film Miles Away, which will be released early next year. In one way, it’s like a new age of behind-the-scenes/bonus features. I have 14 hours of DV tapes that I’m cutting into a short film which I will then sell in chapters over the coming months. One chapter will feature the dashing KJ Apa (Songbird, Riverdale) without his shirt on. So, hopefully that can turn some heads. (Wilson, in Fletcher) In addition to individual directors, a number of startup companies are also seeking to get in on the action. One of these is Vuele, which is best understood as a blockchain-based streaming service: an NFT Netflix, if you like. In addition to films themselves, the service will offer extra content as NFTs, including “behind the scenes content, bonus features, exclusive Q&As, and memorabilia” (CurrencyWorks). Vuele’s launch title is Zero Contact, directed by Rick Dugdale and starring Anthony Hopkins. The film is marketed as “the World’s First NFT Feature Film” (as at the time of writing, though, both Vuele and its flagship film have yet to launch). Also launching is NFT Studios, a blockchain-based production company that distributes the executive producer role to those buying into the project. NFT Studios is a decentralised administrative organisation (DAO), guided by tech experts, producers, and film industry intermediaries. NFT Studios is launching with A Wing and a Prayer, a biopic of aeronaut Brian Milton (NFT Studios), and will announce their full slate across festivals in 2022. In Australia, Culture Vault states that its aim is to demystify crypto and champion Australian artists’ rights and access to the space. Co-founder and CEO Michelle Grey is well aware of the aforementioned current social capital of NFTs, but is also acutely aware of the space’s opacity and the ubiquity of often machine-generated tat. “The early NFT space was in its infancy, there was a lot of crap around, but don’t forget there’s a lot of garbage in the traditional art world too,” she says (cited in Miller). Grey and her company effectively act like art dealers; intermediaries between the tech and art worlds. These new companies claim to be adhering to the principles of web3, often selling themselves as collectives, DAOs, or distributed administrative systems. But the entrenched tendencies of the film industry — particularly the persistent Hollywood system — are not so easily broken down. Vuele is a joint venture between CurrencyWorks and Enderby Entertainment. The former is a financial technology company setting up blockchain systems for businesses, including the establishment of branded digital currencies such as the controversial FreedomCoin (Memoria); the latter, Enderby, is a production company founded by Canadian film producer (and former investor relations expert in the oil and uranium sectors) Rick Dugdale (Wiesner). Similarly, NFT Studios is partnered with consulting and marketing agencies and blockchain venture capitalists (NFT Investments PLC). Depending on how charitable or cynical one is feeling, these start-ups are either helpful intermediaries to facilitate legacy media moving into NFT technology, or the first bricks in the capitalist wall to bar access for entry to other players. The Future Is… Buffering Marketplaces like Mintable, OpenSea, and Rarible do indeed make the minting and selling of NFTs fairly straightforward — if you’ve ever listed an item for sale on eBay or Facebook, you can probably mint an NFT. Despite this, the current major barrier for average punters to the NFT space remains technical knowledge. The principles of blockchain remain fairly opaque — even this author, who has been on a deep dive for this article, remains sceptical that widespread adoption across multiple applications and industries is feasible. Even so, as Rennie notes, “the unknown is not what blockchain technology is, or even what it is for (there are countless ‘use cases’), but how it structures the actions of those who use it” (235). At the time of writing, a great many commentators and a small handful of scholars are speculating about the role of the metaverse in the creative space. If the endgame of the metaverse is realised, i.e., a virtual, interactive space where users can interact, trade, and consume entertainment, the role of creators, dealers, distributors, and other brokers and players will be up-ended, and have to re-settle once again. Film industry practitioners might look to the games space to see what the road might look like, but then again, in an industry that is — at its best — somewhat resistant to change, this may simply be a fad that blows over. Blockchain’s current employment as a get-rich-quick mechanism for the algorithmic literati and as a computational extension of existing power structures suggests nothing more than another techno-bubble primed to burst (Patrickson 591-2; Klein). Despite the aspirational commentary surrounding distributed administrative systems and organisations, the current implementations are restricted, for now, to startups like NFT Studios. In terms of cinema, it does remain to be seen whether the deployment of NFTs will move beyond a kind of “Netflix with tchotchkes” model, or a variant of crowdfunding with perks. Once Vuele and NFT Studios launch properly, we may have a sense of how this all will play out, particularly alongside less corporate-driven, more artistically-minded initiatives like that of Michael Beets and Culture Vault. It is possible, too, that blockchain technology may streamline the mechanics of the industry in terms of automating or simplifying parts of the production process, particularly around contracts, financing, licensing. This would obviously remove some of the associated labour and fees, but would also de-couple long-established parts and personnel of the industry — would Hollywood and similar industrial-entertainment complexes let this happen? As with any of the many revolutions that have threatened to kill or resurrect the (allegedly) long-suffering cinematic object, we just have to wait, and watch. References Alexander, Bryan. “Kevin Smith Reveals Why He’s Auctioning Off New His Film ‘Killroy Was Here’ as an NFT.” USA TODAY, 15 Apr. 2021. <https://www.usatoday.com/story/entertainment/movies/2021/04/15/kevin-smith-auctioning-new-film-nft-killroy-here/7244602002/>. Beekhuizen, Carl. “Ethereum’s Energy Usage Will Soon Decrease by ~99.95%.” Ethereum Foundation Blog, 18 May 2021. <https://blog.ethereum.org/2021/05/18/country-power-no-more/>. Beller, Jonathan. “Economic Media: Crypto and the Myth of Total Liquidity.” Australian Humanities Review 66 (2020): 215-225. Beller, Jonathan. The Cinematic Mode of Production: Attention Economy and the Society of the Spectacle. Hanover, NH: Dartmouth College P, 2006. Bowden, James, and Edward Thomas Jones. “NFTs Are Much Bigger than an Art Fad – Here’s How They Could Change the World.” The Conversation, 26 Apr. 2021. <http://theconversation.com/nfts-are-much-bigger-than-an-art-fad-heres-how-they-could-change-the-world-159563>. Cardano. “Cardano, Ouroboros.” 14 Feb. 2022 <https://cardano.org/ouroboros/>. Castor, Amy. “Why Ethereum Is Switching to Proof of Stake and How It Will Work.” MIT Technology Review, 4 Mar. 2022. <https://www.technologyreview.com/2022/03/04/1046636/ethereum-blockchain-proof-of-stake/>. CurrencyWorks. “Vuele - CurrencyWorks™.” 3 Feb. 2022 <https://currencyworks.io/project/vuele/>. Dailey, Natasha. “Quentin Tarantino Will Sell His ‘Pulp Fiction’ NFTs This Month despite a Lawsuit from the Film’s Producer Miramax.” Business Insider, 5 Jan. 2022. <https://www.businessinsider.com.au/quentin-tarantino-to-sell-pulp-fiction-nft-despite-miramax-lawsuit-2022-1>. Daly, Lyle. “What Is Proof of Work (PoW) in Crypto?” The Motley Fool, 27 Sep. 2021. <https://www.fool.com/investing/stock-market/market-sectors/financials/cryptocurrency-stocks/proof-of-work/>. Davis, Kathleen, and Ira Flatow. “Will Blockchain Really Change the Way the Internet Runs?” Science Friday, 23 July 2021. <https://www.sciencefriday.com/segments/blockchain-internet/>. De Vries, Alex, and Christian Stoll. “Bitcoin’s Growing E-Waste Problem.” Resources, Conservation & Recycling 175 (2021): 1-11. Dimitropoulos, Georgios. “Global Currencies and Domestic Regulation: Embedding through Enabling?” In Regulating Blockchain: Techno-Social and Legal Challenges. Eds. Philipp Hacker et al. Oxford: Oxford UP, 2019. 112–139. Edelman, Gilad. “What Is Web3, Anyway?” Wired, Nov. 2021. <https://www.wired.com/story/web3-gavin-wood-interview/>. 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Defence date: 20 May 1997
Examining board: Prof. R. Barents (Luxembourg/Maastricht) ; Prof. R. Dehousse (Florence), co-supervisor ; Prof. Ch. Joerges (Bremen/Florence), supervisor ; Judje P.J.G. Kapteyn (Luxembourg)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.