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Introduction
During the last few years, palm oil has
been facing a number of complex issues
in the European Union (hereinafter, the
EU), which remains an important market
not only commercially, but also as a
trend-setter for many of the regulatory
and non-governmental initiatives that
have the ability to seriously affect palm
oil‟s marketability and the conditions of
competition with other vegetable oils.
These issues can be divided, for ease of
review and discussion, on the basis of the
main industrial applications of palm oil: as
a food ingredient and as a biofuel. In turn,
each of these areas of market dynamics
must be reviewed on the basis of the type
of actors involved and the key issues that
palm oil is confronted with. This article
aims at providing a review of these issues
and indicating the actions that MPOC has
already undertaken or that may be
warranted in order to safeguard the
interests of the palm oil industry.
Palm oil as a food ingredient
The main EU development that, over the
last few years, has been of great concern
to the palm oil industry is the string of
anti-palm oil campaigns that have been
waged by a number of EU producers and
distribution chains. In particular, these
actions have been directed against palm
oil used in the food sector. Much of this is
being driven by campaigns originating in
France and undertaken in the French
language. Such actions are progressively
pushing several food manufacturers to
label their food packages as ‘palm oil
free’, although such information is not
required by law and, inasmuch as it is a
nutritional claim, also not permitted and
arguably illegal under EU and French
law.
The ‘palm oil free’ campaigns being
conducted by a number of French
retailers are de facto ‘forcing’
manufacturers to make such claims on
the labels of their products. This may
result in the progressive abandoning of
palm oil as a food ingredient, with an aura
of negative attributes being cast on palm
oil in general among EU consumers.
These private marketing and labelling
campaigns have taken hold, especially in
France and to a lesser degree in
Belgium, primarily because of two
factors:
1) the imminent changes to EU labelling
rules of vegetable oils used in food
products; and
2) the appeal that these ‘negative labels’
have in the minds of EU consumers
and, hence, the use and abuse made
by some unscrupulous market
operators.
The imminent changes, in terms of the
labelling of the different vegetable oils as
ingredients in foodstuffs, are those
brought about by Regulation (EU) No.
1169/2011 of the European Parliament
and of the Council of 25 October 2011 on
the provision of food information to
consumers (known as the ‘Food
Information Regulation’, hereinafter,
FIR), which are due to apply across the
EU as of 13 December 2014. The FIR
was not adopted to target any particular
vegetable oil, but it provides (in relevant
MPOC FORTUNE
MALAYSIAN PALM OIL COUNCIL KKDN PP 14669/05/2013 (032704) VOL: 5 2014
®
DIRECTOR
Faudzy Asrafudeen Sayed Mohamed
faudzy@mpoc.org.my
MANAGERS
Muhammad Kharibi Zainal Ariffin
kharibi@mpoc.org.my
Mohd Izham Hassan
izham@mpoc.org.my
MARKET ANALYSTS
Asia Pacific Lim Teck Chaii
(China) lim@mpoc.org.my
Asia Pacific Mohd Hafezh Bin Abdul Rahman
(Excl. China) mhafezh@mpoc.org.my
South Asia Fatimah Zaharah Md Nan
fatimah@mpoc.org.my
Middle-East Mohamad Suhaili Hambali
msuhaili@mpoc.org.my
Africa Nor Iskahar Nordin
iskahar@mpoc.org.my
Europe Azriyah Azian
azriyah@mpoc.org.my
Americas Mohd Izham Hassan
izham@mpoc.org.my
MARKETING & MARKET
DEVELOPMENT DIVISION
For more information, please contact
Tel : 603 - 7806 4097 Fax: 603 - 7806 2272
Continued on page 7
“Palm Oil and
EU Market:
Key Issues and
Actions by MPOC”
Part 1 of 2
MPOC FORTUNE •  3
MARKETInsightsIns g
Continued on page 6
PALM Oil trade at the Port of Durban has
registered a steady increase since early
80’s. In recent years, palm oil products
unloaded in this port has experienced
significant growth, particularly in 2005
onward. In 2013, palm trade registered
380,000 metric tonnes and Malaysia
Palm oil imports take up more than 40 per
cent of this traffic. The constant increase
in the palm oil trade has moved the Port
of Durban to attract an even higher
volume of this traffic.
Factors favouring Port of Durban
There are a number of factors that make
Port of Durban most suitable as the
distribution hub for palm oil exports to
Southern African countries. Perhaps the
most important reason is that Port of
Durban is located at the confluence of
maritime routes to Asia, Europe, and
South America.
The port of Durban is located at the
crossroads of one of the busiest shipping
routes the world, linking the Far East,
Africa and Europe. Durban’s strategic
location enabled the port authorities to
successfully rise to the challenge of the
turning the port into a regional hub for the
Indian Ocean and Atlantic Ocean in a
wider context the four continents of
Europe, Africa, Asia and South America.
This expanding shipping hub is located in
one of the busiest maritime trade routes
in the world. Furthermore, this country
enjoys political stability and economic
growth which provides privileged access
to a large market base of Southern
African Community (SADC).
It is also the busiest port in South Africa
and has become one of the main
re-export points for products destined to
other neighboring landlocked countries in
Southern Africa such as Botswana and
Zimbabwe. One of the many features this
Source: Trade Estimates
500,000
400,000
350,000
300,000
250,000
200,000
150,000
100,000
50,000
0
450,000
2007 2008 2009 2010 2011 2012 2013
Chart1: Palm oil - Traffic Evolution
Palm oil
Port of Durban:
Reaching out to
Southern Africa Region
This key port occupies at vital crossroads on the
trade routes between East and West, at the tip of
Africa is also suited to take advantage of the
growing maritime trade between the growing
economics of South America and Asia.
Part 1 of 2
North Port, Port Klang
- Fima Bulking Services Berhad
- Fimachem Sdn Bhd
- Fima Liquid Bulking Sdn Bhd
- Fima Freight Forwarders Sdn Bhd
Butterworth
- Fima Palmbulk Services Sdn Bhd
Jalan Parang, 2nd Extension, North Port, 42000 Port Klang, Selangor, MALAYSIA
Tel: +603 - 3176 7211 Fax: +603 - 3176 5641 Email: enquiry@fimabulking.com
http://www.fimabulking.com
Located in a free commercial
zone offer excellent
opportunities for
• Import and export
• Transhipment
• MDEX tender (approved
delivery point)
• Regional collection /
distribution hub
Facilities available :
• Carbonsteel
• Coated & stainless tanks come
with heating facilities &
nitrogen blanketing.
Malaysia’s Largest Independent
Common-user Multi-purpose Liquid
Bulk Terminal Operator
MPOC FORTUNE •  5
Continued on page 9
One of the countries in the Central and
Eastern Europe (CEE), Bulgaria has
become one of the most important
Malaysian Palm Oil (MPO) importers in
the region. According to MPOB data,
MPO export to Bulgaria in 2013 was
recorded at 9,947 MT, more than any
other countries in the region that include
Romania, Poland and new EU member
state, Croatia.
Bulgaria is one of the emerging market
economies in the world where the private
sector accounts for more than 80% of the
country’s GDP. Agriculture is one of the
important and most promising sectors.
The country enjoys admirable natural
conditions for developing the agriculture
and forestry sector. Cultivated
agricultural land occupies about 4.9
million hectares or 44% of the total
territory of the country. The favourable
climate for crop production and the
availability of agricultural land and long
traditions have resulted in
well-developed plant growing and animal
breeding. Low labour costs and the
high-schools and colleges offering
training in modern farming and animal
breeding add to the existing advantages.
Traditionally, Bulgaria has had a leading
position in exports of grapes, oriental
tobacco, tomatoes, apricots and other
agricultural products to European
markets. Among the main crops
produced are tomatoes, pepper, tobacco,
grapes, wheat, maize, beans, potato,
sunflower, peaches, apricots, apples,
melons, and nuts. Other traditions in the
agriculture sector include sheep, pig and
cattle breeding, poultry farming and
bee-keeping.
Bulgaria is also one of the major
producers of sunflower seed and
sunseed oil among the CEE countries
besides Hungary and Romania.
Crushings were at the highest level in 5
years when a total of 529,700 MT of
oilseeds were crushed in 2012. 475,000
MT or 90% of the crushings was for
sunflower seed.
Domestic sunflowerseeds are traded
within the EU member states. In 2013,
Bulgaria exported most of its
sunflowerseed to Portugal, the
Netherlands and Spain. Trade with third
countries include high sunflowerseed
export to Turkey and other parts of
Europe namely Norway, Serbia &
Montenegro, Macedonia and
Bosnia-Herzegovina. Some of the
sunflowerseeds were also exported to
the US. Rapeseed is also another
oilseed exported. Major trading rapeseed
partners in the EU include Romania,
Portugal, Belgium and France while a
significant amount of rapeseed was also
exported to Turkey in 2013.
Sunflower oil is the main vegetable oil
produced in the oils and fats sector. In
2013, 241,000 MT of sunflower oil was
produced, a growth of 63% from only
148,000 MT recorded back in 2008.
Larger planting and harvested areas as
well as improved yields per hectare have
contributed to the greater sunflowerseed
outputs over the years. Rapeseed oil saw
its production on the rise to 25,000 MT in
2013 compared to only 9,000 MT
produced in 2008. Bulgaria has
maintained its production of lard with an
average of 25,600 MT produced annually
since 6 years ago. Other oils and fats
such as corn oil, butter as fat, soybean oil
and cotton oil sum up the country’s total
production.
MARKETInsightsIns g
Table 1: MPO Exports to CEE Countries (Jan-Dec 2012-2013) - MT
Country 2013 2012
Bulgaria 9,947 10,246
Croatia 6,015 6,221
Czech Republic 89 158
Estonia 516 283
Hungary 111 508
Latvia 258 235
Lithuania 7 262
Poland 1,041 619
Romania 7,207 4,947
Slovakia 5 0
Slovenia 432 255
Total CEE Region 25,628 23,734
Source: MPOB
Bulgaria -
A Gateway For
Palm Oil In
Central and
Eastern Europe
6 •  MPOC FORTUNE
port is the excellent railway network and
roads which connects Durban to the rest
of South Africa and also the neigbouring
countries. Durban is the main discharge
port for oils and fats in South Africa.
There are also other ports which cater for
oils and fats discharge such as Cape
Town and East London on a smaller
scale. However, there is no tank facility at
Cape Town and the oil is discharged
directly into lorry tankers for distribution.
The largest concentration of tank farms in
South Africa is situated at the port of
Durban and operated by independent
companies. The largest independent tank
farm at Durban is owned by Island View
Storage (Pty) Ltd. According to IVS, the
total storage capacity for heated oils and
fats including palm oil products is
estimated at 100,000 tonnes. Discharge
of palm oil is usually at berths 2 and 4
where the water depth is about 10.6
metres. The normal discharge rate is
about 100-120 tonnes per hour.
Oils & fats in South Africa
Palm Oil is not new in South Africa and
other parts of Southern Africa region and
is a growing market for palm oil and palm
kernel oil. The bulk of the palm oil
products are imported from Malaysia and
Indonesia. Unilever is the largest
consumer of palm products in South
Africa estimated at 150,000 MT per
annum. The major contributing factors
which enhanced palm oil trade are:
i) Price competitiveness of palm oil
ii) Inherent functional properties
iii) Suitability for deep frying and solid
fats/confectionery, fats/soap
manufacture
iv) Availability of suitable port storage
and inland haulage facilities for
handling palm oil products.
South Africa is one of the largest
importers of oils and fats in Sub-Sahara
Africa. Local supply of oils and fats is
unable to meet requirements due to
limited crop size. Its average annual
output is about 575,000 metric tonnes of
oils and fats meets about 44 per cent of
the domestic requirement. In 2013, only
555,000 metric tonnes of oils and fats
were produced while consumption was
recorded at 1.3 million metric tonnes. Oils
and fats production witnessed a
moderate growth of three per cent per
annum during the last five years.
Port of Durban: Reaching
out to Southern Africa Region
The Sea Port of Durban with capacity of 2.9 million Twenty Foot Equivalents (TEUs).
In medium term the capacity can be increased to 5.0 million upon construction of
additional five new container berths, from current 46 berths. Durban allows
maximum clearance of 16 meter for loaded vessel in ideal condition. Durban handled
about 70 % of South Africa’s containers. The long term development of the dig-out
port allows for a total of 16 new containers, four liquid bulk berths and three car
terminal berths with their respective back of quay operational areas and road and rail
connections.
Continued from page 3
MARKETInsightsIns g
Privately operated liquid bulk terminal of Port of Durban handled the majority of liquid
bulk volumes includes oils and fats. The new Durban Dig-out Port will be provide
extra handling capacity with new berths and tanks farmed planned.
Continued on page 12
MPOC FORTUNE •  7
part) that the specific vegetable oil(s)
used in any given food product must be
indicated in the labelling of the package
as of the said date. In simple terms, the
FIR will soon no longer allow that the
neutral category of ‘vegetable oils’ be
used for any vegetable oil without
specifying the specific oil(s), such as
palm oil, present in any food product. The
application of the new labelling regime
was delayed until 13 December 2014 in
order to allow time for producers to adjust
their labels.
By targeting palm oil with the ‘no palm oil’
or ‘palm oil free’ marketing and labelling
campaigns, the commercial operators
that are waging them intend to denigrate
palm oil and convince as many
consumers as possible that palm oil is
bad, for either nutritional or
environmental reasons, or for both. Their
assumption is that, once the new FIR
labelling requirements will come into play,
many consumers will no longer purchase
products that contain palm oil. This also
has an evil, but somewhat astute,
marketing appeal in that consumers are
increasingly prone to believe that
products that are ‘low in’ or ‘free from’ are
better, healthier and to be preferred over
those that have the targeted ingredients
(inter alia, fat, sugar, allergens,
preservatives, but now also, disturbingly,
ingredients like palm oil).
From a legal perspective, these
campaigns appear to be, at best,
deceptive or unsubstantiated
generalisations and, at worst, fraudulent
in nature and aimed at denigrating
competing oils and/or promoting certain
products by implying that whatever is
used as an ingredient is better, healthier
or environmentally greener than what is
not used. When made in a nutritional
context, these ‘palm oil free’ labels are
arguably not approved by the EU and,
therefore, to be considered as illegal
nutrition claims under Regulation (EC)
No. 1924/2006 of the European
Parliament and of the Council on nutrition
and health claims made on foods and/or
as misleading and deceptive claims
under Directive 2000/13/EC and
Directive 2006/114/EC of the European
Parliament and of the Council concerning
misleading and comparative advertising.
Similarly, the environmental allegations
hinted at by some of these ‘palm oil free’
logos are always unsubstantiated
generalisations in that not all the palm oil
contained in a specific product and being
discouraged or denigrated with the
negative labels is (or can be proved to
be) environmentally unsustainable.
By soon making it compulsory that the oil
origin be specified (so that a consumer
can make an informed choice in the
selection of food products), a mere look
at the list of ingredients will tell
consumers whether a product contains a
specific vegetable oil or not. ‘Palm oil
free’ labelling campaigns directly on the
product packaging must, therefore, be
seen not only as illegal or deceptive (as
argued above), but also unnecessary as
of 13 December 2014, since any
consumer will be able to tell what
vegetable oil is present or not in any food
product. There will be no need to use
these dubious ‘palm oil free’ campaigns
in order to ‘help’ consumers make
informed choices. However, it is possible
(and perhaps even likely, given the
‘hidden agendas’ that these campaigns
pursue) that such harmful and misleading
information campaigns, based on the
skilful use of ‘free-from’ labels, may still
be addressed at consumers.
Authorities and commercial operators
need to closely scrutinise the market and
challenge these anti-competitive
practices. The expectation is that EU
authorities and EU Member States will
continue to take labelling seriously and,
while they impose costly new rules on
producers, they also ensure that
consumers are not misled by astute
marketing techniques that have no
informative agenda, but simply aim at
denigrating certain vegetable oils in order
to promote others or to convince
consumers that what is ‘free-from’ a
certain oil is a better product. It is with
these commercial and legal
considerations in mind that MPOC has
engaged, over the last year and a half, in
a series of legal actions, primarily in
France, in order to fight these damaging
‘palm oil free’ campaigns and defend the
good name and reputation of palm oil.
Actions have been taken in France at the
administrative level before the competent
provincial-level authorities (known as
Departmental Directorates for the
Protection of Populations, or DDPPs in
the French acronym) and with the
central-level authority (known as
Directorate General for Competition,
Consumption and Repression of Fraud of
the French Ministry of Finance, or
DGCCRF in the French acronym), which
are in charge of safeguarding
competition, protecting consumers and
combating commercial frauds.
Administrative complaints have been
lodged against 5 French companies that
have been resorting to ‘no palm oil’ labels
on many of their food products: Findus,
Lay’s, Jacquet, Frial and Casino. The
procedures and lengthy discussions held
with the French administrative
authorities, especially the DGCCRF,
have resulted in internal instructions sent
by DGCCRF to the provincial-level
DDPPs that actions should be taken on
the market when ‘palm oil free’ labels are
used by producers or retailers within a
nutritional context.
That is a major victory for MPOC and a
shift in approach by the French
authorities that have essentially
recognized that, when ‘palm oil free’
“Palm Oil and EU Market:
Key Issues and Actions by MPOC”
Continued from page 1
MARKETInsightsIns g
Continued on page 10
MPOC FORTUNE •  9
Bulgaria - A Gateway For Palm Oil
In Central and Eastern Europe
Sunflower oil is also a major export for
Bulgaria. In 2013, it accounts for 72% of
total domestic production of oils and fats,
a growth of 46% from a year ago. Key
destinations of Bulgarian sunflower oil
are the EU countries, with other export
destinations being Macedonia, Egypt
and Turkey. Rapeseed oil is also
exported with major recipients within the
EU. In 2013, 23,400 MT of rapeseed oil
was exported compared to 14,100 MT
registered in 2012.
Palm Oil in Bulgaria
To complement domestic requirements in
the oils and fats sector, Bulgaria imported
a total of 99,000 MT of oils and fats in
2013, slightly lower than 106,000 MT
imported a year earlier. Palm oil is the
main imported vegetable oil and second
most consumed oils and fats in the
country after sunflower oil. The demand
for palm oil and its derivative products
continues to increase from year to year
leading to the boost in the import figures.
In 2013, palm oil import into Bulgaria
reached 49,000 MT, accounting for 49%
of total imports. This was an increase of
14% from 43,000 MT of palm oil that was
imported in 2012.
Based on Oil World data, in 2013 palm oil
imports into Bulgaria were at 48,700 MT,
an increase of 14% from 2012. Palm oil
into Bulgaria was mostly imported from
Greece at 18,900 MT, followed by
Indonesia with 15,700 MT. The data also
shows that 9,000 MT of palm oil imported
into Bulgaria was from Malaysia (the
MPOB figures are 9,947 MT). The main
palm oil products exported to Bulgaria
from Malaysia in 2013 were RBD palm oil
and RBD palm olein. Other palm
products exported to Bulgaria from
Malaysia include palm kernel oil,
oleochemicals (soap noodles) and
finished products (shortening). Some of
the tonnages of palm oil in Bulgaria were
also re-exported according to Oil World,
notably to the neighbouring Romania.
According to the RSPO website, a
leading company in Greece
manufactures vegetable and other
specialty fats most of which have palm oil
as the raw material. It also operates in
the Balkan Peninsula, with two factories,
one of which located in Bulgaria. The
company is reportedly exporting their
products in all Balkan countries including
Bulgaria. It also shares the common
borders with Greece and shores on the
Black Sea which could explain the
amount of palm oil coming from Greece
into Bulgaria.
Table 2: Crushings and Trade (with 3rd countries) of Oilseeds (1000 T)
2013E 2012 2011 2010 2009
Crushings
Soybeans 7.0 2.1 6.9 15.5 5.1
Cottonseed 0.5 0.6 0.7 0.5 1.0
Sunflowerseed 480.0 475.0 405.0 360.0 415.0
Rapeseed 55.0 52.0 38.0 36.1 38.3
Total 542.5 529.7 450.6 412.1 459.5
Imports
Soybeans 4.0 0.1 1.8 0.1 0.1
Groundnuts 5.9 6.1 4.8 5.9 5.7
Sunflowerseed 7.0 5.7 7.8 11.4 8.8
Linseed 0.5 0.3 0.3 0.3 0.2
Total 17.4 12.2 14.7 17.7 14.8
Exports
Sunflowerseed 112.0 148.5 220.7 166.0 388.5
Rapeseed 49.0 49.8 36.8 42.3 23.4
Total 161.0 198.2 257.6 208.3 411.9
Source: Oil World and MPOC Estimates
Continued from page 5
MARKETInsightsIns g
Continued on page 11
2008 2009 2010 2011 2012 2013
350
250
300
200
150
100
50
0
Others
Lard
RSO
SFO
(1000MT)
Source: Oil World
Chart 1: Sunflower oil is the major oil produced in Bulgaria
10 •  MPOC FORTUNE
labels are used to imply (lower or
negative) nutritional attributes of products
containing palm oil or, vice-versa, the
healthier nutritional attributes of products
that do not contain palm oil as an
ingredient, that label is to be intended as
a nutritional claim and, and such, illegal in
that it is not expressly approved by EU
law. At the administrative level, it is now
necessary to ‘police’ the commercial
practices of these and other operators
and file new complaints if the labels used
appear to be partly or wholly nutritional in
nature.
The problem, of course, is that many of
these ‘palm oil free’ labels are not entirely
nutritional in nature (i.e., some are only
partly so or impliedly so, by reference to
nutritional information or allegations
made on other media, such as
advertisements in retail points, websites,
leaflets, YouTube initiatives, etc.) and
some are (also or only) environmental in
nature. The best example of these
complex and multifaceted campaigns are
those that have been waged by French
supermarket chain Casino, which uses a
wide variety of techniques, has placed
‘palm oil free’ labels on over 350 products
and has singled-out palm oil as the target
of a systematic marketing campaign
aimed at denigrating palm oil and, in the
process, sell more of its products as a
green and health-conscious
supermarket. For that reason, and in
order to get clear interpretative language
by means of a judicial decision from a
French Court, MPOC has lodged a
judicial complaint before the Tribunal de
Commerce (i.e., the Commercial Court)
of Paris against Casino. The case filed is
legally complex and extensive in scope.
Despite the slow pace of French justice
and some procedural setbacks relating to
the standing of the MPOC before French
Courts, the substance of the MPOC’s
legal challenge and arguments is strong
and a positive outcome is expected. If so,
the scope of these ‘palm oil free’ labelling
campaigns will be severely limited and
the palm oil industry will be able to use
this ruling to ‘educate’ French consumers
about the environmental, nutritional and
commercial realities of palm oil.
A similar process of ‘education’ is
warranted also vis-à-vis many EU
politicians, regulators and
decision-makers, both at EU level and
within individual EU Member States,
where recent developments indicate a
lack of correct understanding about the
palm oil industry or a set of ‘hidden
agendas’ that may result in policies or
measures that would be highly
detrimental and discriminatory to palm
oil. Examples, in recent times, of these
worrying legislative or regulatory
developments are the so-called French
proposal for a ‘Nutella tax’ (that in 2012
and 2013 aimed at increasing taxation of
palm oil from around €100 per metric
tonne to €400 in order to discourage the
use of a product that the French Senators
proposing the tax considered
environmentally and nutritionally
dangerous), similar legislative initiatives
proposed in Belgium, and other
behavioural or ‘sin’ taxes that are
increasingly being promoted in a number
of EU countries (again, as late as
February 2014, in France, where two
Senators tabled a new study indicating
the merits of taxation increases with
respect to oils such as palm oil, palm
kernel oil and coconut oil for their
nutritional dangers).
The term “behavioural taxation”
designates the use of taxation to
encourage behaviours that are
considered beneficial for public health.
This term has been used to refer to
governmental action in the area of
tobacco control, as well as to discourage
consumption of certain foodstuffs, such
as saturated fats, trans fats, high-sugar
or fatty products, but increasingly also
soft drinks, confectionery, fast foods and
now also some specific ingredients that
are being singled-out and targeted as
allegedly and inherently dangerous.
MPOC has been active in monitoring
these developments and in taking swift
action to partake in the legislative and
regulatory discussions being held in
Parliament and among Government
authorities in order to fend off these
alarming proposals. Letters have been
sent to the relevant stakeholders and, so
far, the French Government has
responsibly decided not to adopt such
measures to pursue what may otherwise
be a legitimate policy (i.e., combating
increasing obesity and protecting the
health of consumers). However, these
important objectives cannot be achieved
by singling-out and targeting specific
ingredients or vegetable oils per se, such
as palm oil, palm kernel oil and coconut
oil, or end products such as Nutella,
which contain palm oil. The French
Government knows that such
behavioural tax targeting (de facto, if not
de jure) specific imported products (like
palm oil) would likely be WTO
inconsistent and, therefore, too
dangerous to adopt. MPOC will continue
‘policing’ this regulatory front and
intervene as necessary to ensure that the
debate remains based on science, not
influenced by ‘hidden agendas’ that have
little to do with the protection of
consumers’ health, and that the
measures adopted (if any) are
non-discriminatory and both EU and
WTO consistent.
In light of this overall objective and of the
type of legislative and regulatory
developments and proposals that are
increasingly occurring within the EU,
MPOC has also embarked on a number
of ‘soft’ initiatives aimed at ‘educating’ EU
regulators, legislators and
decision-makers with respect to palm oil.
Academic and legal publications are, for
instance, being sponsored to discuss the
issue of ‘negative labelling’, which
appears poorly regulated at EU level and
often allowing market operators to adopt
marketing techniques that are
fundamentally based on deception and/or
unsubstantiated generalizations, if not
actual fraud, in order to promote certain
products by denigrating others. This must
not be allowed and clearer rules and
procedures must be defined at EU level
and uniformly applied throughout the EU
market by EU Member States’
authorities. Similar actions are being
sponsored within the framework of ad
hoc specialised conferences and
university seminars, so that these issues
can be discussed and advanced within
the confines of academia and among
scholars, away from the pressures and
controversies of more commercial
contexts.
These issues are also of extreme
importance to many other sectors, in that
they are ‘horizontal issues’ of good
regulation that stand to affect many other
commercial and industrial interests. The
palm oil industry stands a better chance
to address and resolve some of these
disturbing developments if it works in
cooperation with other actors, many of
which are Europeans or EU-based which
have similar systemic concerns and
objectives. Kumar, MPOC Brussels
(Watch out for Part 2 in our next issue)
“Palm Oil and
EU Market:
Key Issues and
Actions by MPOC”
Continued from page 7
MARKETInsightsIns g
MPOC FORTUNE •  11
250
200
150
100
50
0
2008 2009 2010 2011 2012 2013
(1000MT)
Others
SBO
Lard
RSO
PO
SFO
Source: Oil World
Chart 2: Palm Oil Is The Second Most Consumed Oils
and Fats After Sunflower Oil
Bulgaria - A Gateway For Palm Oil
In Central and Eastern Europe
Continued from page 9
MARKETInsightsIns g
Marketing Malaysian Palm Oil in
Bulgaria
Good opportunities in Bulgarian
agriculture sector exist in the creation of
production chains through a combination
of selected companies in clusters
covering primary sector, processing,
sales and distribution. A crucial
advantage of the sector is the presence
of well-established food research and
development institutions. Within Bulgaria
a special EU support program
(SAPARD), provides 50% investment
subsidy for investment projects in
agriculture. However, the country faces a
shortage of labour in the agriculture
sector. The average age of Bulgarian
farmers is 58 years old. Only about 2.4
per cent of the recent university
graduates have degrees in agronomy,
veterinary sciences and related courses. 
The main palm oil products imported into
Bulgaria are palm olein in drums for
blending with sunflower oil and bottling
for retail sales as well as palm
shortening. Although a member of the
European Union, unlike its much
developed Western Europe
counterparts, the image of palm oil in
Bulgaria is relatively good. There does
not seem to be much concern about
saturated fats and much interest has
been developed over the years on palm
oil products especially red palm olein.
Food security has been emphasised in
Bulgaria’s agriculture and food sectors.
The Government has underlined four
major pillars in meeting its target on food
security; availability (including
productivity), accessibility (including
affordable prices for all people),
utilisation (including quality and food
safety) and sustainability. The present
Bulgarian Government has implemented
a simple business administration to
facilitate small to medium enterprises.
This opens the doors to many
opportunities to develop more concrete
business co-operations between local
companies and overseas’ counterparts,
such as market expansion for agricultural
products and collaboration in research
and technology.
The future of palm oil in Bulgaria is fairly
good and looks promising. Palm oil
certainly has the advantage to fulfil the
four pillars in meeting the food security
target set by Bulgarian Government. Oil
palm yield has the highest land
productivity than any other competing
oilseeds including sunflower making it a
sustainable crop. Palm oil’s continuous
supply makes it readily available to the
consumers. This presents the
opportunities to Malaysian Palm Oil
players in a form of a joint venture (JV)
with local partner. Collaborations could
include potential blending of palm oil with
sunflower oil and marketing of palm olein
in opaque bottles. This was proven a
success in the neighbouring country,
Romania. MPOC offers assistance to
Malaysian palm oil players who are
interested in this type of joint venture.
Azriyah Azian, MPOC HQ
2008 2009 2010 2011 2012 2013
(1000MT)
Source: Oil World
Chart 3: Palm oil is the most imported oils and fats
Others
RSO
SBO
SFO
PO
120
100
80
60
40
20
0
MPOC
Offices
Worldwide
Malaysian Palm Oil Council (MPOC)
2nd Floor Wisma Sawit
Lot 6, SS 6, Jalan Perbandaran
47301 Kelana Jaya, Selangor
Tel: 603-7806 4097
Fax: 603-7806 2272
www.mpoc.org.my
American Palm Oil Council
1010 Wisconsin Av, Suite 307
Washington DC 20007
Tel: +1 (202) 333 0661
Fax: +1 (202) 333 0331
www.americanpalmoil.com
E-mail: Ahmad Fadzli Abd Aziz
Contact: fad.aziz@americanpalmoil.com
MPOC Africa Regional Office
5 Nollsworth Crescent, Nollsworth Park
La Lucia Ridge Office Estate,
La Lucia 4051, KwaZulu-Natal, South Africa
Tel: +27 (31) 5666 171
Fax: +27 (31) 5666 170
E-mail: kazmi@mpoc.org.za
Postal Address:
P.O.Box 1591
M.E.C.C. 4301, South Africa
Contact: Kamal Azmi
MPOC Bangladesh
62-63 Motijheel Commercial Area,
7th Floor, Amin Court Building,
Dhaka, Bangladesh
Tel: +88 (02) 9571 216
Fax: +88 (02) 9551 836
E-mail: fakhrul@mpoc.org.bd
Contact: Fakhrul Alam
MPOC Shanghai
Shanghai Westgate Mall Co. Ltd.
Room 1610B, 1038 Nanjing Rd. (w)
Shanghai 200041, P. R. China
Tel: +86 (21) 6218 2085 / 6218 2513
Fax: +86 (21) 6218 1125
E-mail: teah@mpoc.org.cn
Contact: Teah Yau Kun
MPOC Pakistan
11 – 3rd Floor, Leeds Centre
Main Boulevard Gulberg, 111 Lahore, Pakistan
Tel: +92 (42) 3571 6600 / 3571 6601
Fax: +92 (42) 3571 6602
E-mail: faisal@mpoc.org.pk
Contact: Faisal Iqbal
MPOC India
S-4, New Mahavir Building, Cumballa Hill Road
Kemps Corner, Mumbai 400 036
Tel: +91 (22) 6655 0755 / 6655 0756
Fax: +91 (22) 6655 0757
E-mail: bhavna@mpoc.org.in
Contact: Bhavna Shah
MPOC Europe Regional Office
31 Avenue Emile Vendervelde
1200 Brussels Belgium
Tel: +32 (2) 7748 860
Fax: +32 (2) 7794 371
E-mail: kumar@mpoc.eu
Contact: Uthaya Kumar
MPOC Moscow
Moscow, 4th Dobrininskiy side-street,
8 BC 'Dobrinya', 1st floor, Office R00-126
Tel : +790 963 520 40
Email: udovenko@mpoc.org.my
Contact: Aleksey Udovenko
MPOC Cairo
3 Gamal E1-Din Afify Street, Nasir City
Zone No.6, 11371 Cairo, Egypt
Tel: +20 (2) 2273 8108
Fax +20 (2) 2273 8106
E-mail: zainuddin@mpocegypt.com
Contact: Zainuddin Hassan
MPOC Istanbul
Guzel Konutlar Sitesi
Dilek Apartment Daire 3
Balmumcu, Besiktas - Istanbul, Turkey
Tel: +90 (212) 2668234
Fax +90 (212) 2668236
E-mail: Muhamad Suhaili Hambali
Contact: msuhaili@mpoc.org.myPublisher: Malaysian Palm Oil Council (MPOC)
2nd Floor Wisma Sawit, Lot 6, SS 6,
Jalan Perbandaran, 47301 Kelana Jaya, Selangor
Printed by: Aktiara Corporation Sdn Bhd
1 & 3, Jalan TPP 1/3, Taman Industri Puchong
Batu 12, 47160 Puchong, Selangor
C
O
M
PLETED
C
O
M
PLETED
C
O
M
PLETED
Sunflower oil, being the indigenous oil, is the
largest quantity consumed. In 2013 a total of
400,000 metric tonnes of the oil was
consumed, making up 31 per cent of the total
oils consumed. Palm oil consumption
accounts for nearly 29 per cent of the total,
but the growth seemed quite stagnant in last
five years.
The annual import of oils and fats by South
Africa is dependent on domestic production
and the volume of oilseeds imported. In
2012, 926,800 metric tonnes of oils and fats
were imported, with the bulk of this being
palm oil. In 2013, palm oil import was at
379,100 metric tonnes which accounted for
30 per cent of the country’s import, making
palm oil as the largest volume among the oils
imported. Malaysia is the major supplier of
palm oil to South Africa, exporting about
108,000 metric tonnes in 2013. This is
equivalent to nearly 29 per cent of that
country’s palm oil imports. Kamal Azmi
Kamarudin, MPOC Durban
(Watch out for Part 2 in our next issue)
Port of Durban: Reaching
out to Southern Africa Region
Continued from page 6
MARKETInsightsIns g

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Entreg
 

Malaysian Palm Oil FORTUNE 2014 Volume 5

  • 1. Introduction During the last few years, palm oil has been facing a number of complex issues in the European Union (hereinafter, the EU), which remains an important market not only commercially, but also as a trend-setter for many of the regulatory and non-governmental initiatives that have the ability to seriously affect palm oil‟s marketability and the conditions of competition with other vegetable oils. These issues can be divided, for ease of review and discussion, on the basis of the main industrial applications of palm oil: as a food ingredient and as a biofuel. In turn, each of these areas of market dynamics must be reviewed on the basis of the type of actors involved and the key issues that palm oil is confronted with. This article aims at providing a review of these issues and indicating the actions that MPOC has already undertaken or that may be warranted in order to safeguard the interests of the palm oil industry. Palm oil as a food ingredient The main EU development that, over the last few years, has been of great concern to the palm oil industry is the string of anti-palm oil campaigns that have been waged by a number of EU producers and distribution chains. In particular, these actions have been directed against palm oil used in the food sector. Much of this is being driven by campaigns originating in France and undertaken in the French language. Such actions are progressively pushing several food manufacturers to label their food packages as ‘palm oil free’, although such information is not required by law and, inasmuch as it is a nutritional claim, also not permitted and arguably illegal under EU and French law. The ‘palm oil free’ campaigns being conducted by a number of French retailers are de facto ‘forcing’ manufacturers to make such claims on the labels of their products. This may result in the progressive abandoning of palm oil as a food ingredient, with an aura of negative attributes being cast on palm oil in general among EU consumers. These private marketing and labelling campaigns have taken hold, especially in France and to a lesser degree in Belgium, primarily because of two factors: 1) the imminent changes to EU labelling rules of vegetable oils used in food products; and 2) the appeal that these ‘negative labels’ have in the minds of EU consumers and, hence, the use and abuse made by some unscrupulous market operators. The imminent changes, in terms of the labelling of the different vegetable oils as ingredients in foodstuffs, are those brought about by Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (known as the ‘Food Information Regulation’, hereinafter, FIR), which are due to apply across the EU as of 13 December 2014. The FIR was not adopted to target any particular vegetable oil, but it provides (in relevant MPOC FORTUNE MALAYSIAN PALM OIL COUNCIL KKDN PP 14669/05/2013 (032704) VOL: 5 2014 ® DIRECTOR Faudzy Asrafudeen Sayed Mohamed faudzy@mpoc.org.my MANAGERS Muhammad Kharibi Zainal Ariffin kharibi@mpoc.org.my Mohd Izham Hassan izham@mpoc.org.my MARKET ANALYSTS Asia Pacific Lim Teck Chaii (China) lim@mpoc.org.my Asia Pacific Mohd Hafezh Bin Abdul Rahman (Excl. China) mhafezh@mpoc.org.my South Asia Fatimah Zaharah Md Nan fatimah@mpoc.org.my Middle-East Mohamad Suhaili Hambali msuhaili@mpoc.org.my Africa Nor Iskahar Nordin iskahar@mpoc.org.my Europe Azriyah Azian azriyah@mpoc.org.my Americas Mohd Izham Hassan izham@mpoc.org.my MARKETING & MARKET DEVELOPMENT DIVISION For more information, please contact Tel : 603 - 7806 4097 Fax: 603 - 7806 2272 Continued on page 7 “Palm Oil and EU Market: Key Issues and Actions by MPOC” Part 1 of 2
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  • 3. MPOC FORTUNE •  3 MARKETInsightsIns g Continued on page 6 PALM Oil trade at the Port of Durban has registered a steady increase since early 80’s. In recent years, palm oil products unloaded in this port has experienced significant growth, particularly in 2005 onward. In 2013, palm trade registered 380,000 metric tonnes and Malaysia Palm oil imports take up more than 40 per cent of this traffic. The constant increase in the palm oil trade has moved the Port of Durban to attract an even higher volume of this traffic. Factors favouring Port of Durban There are a number of factors that make Port of Durban most suitable as the distribution hub for palm oil exports to Southern African countries. Perhaps the most important reason is that Port of Durban is located at the confluence of maritime routes to Asia, Europe, and South America. The port of Durban is located at the crossroads of one of the busiest shipping routes the world, linking the Far East, Africa and Europe. Durban’s strategic location enabled the port authorities to successfully rise to the challenge of the turning the port into a regional hub for the Indian Ocean and Atlantic Ocean in a wider context the four continents of Europe, Africa, Asia and South America. This expanding shipping hub is located in one of the busiest maritime trade routes in the world. Furthermore, this country enjoys political stability and economic growth which provides privileged access to a large market base of Southern African Community (SADC). It is also the busiest port in South Africa and has become one of the main re-export points for products destined to other neighboring landlocked countries in Southern Africa such as Botswana and Zimbabwe. One of the many features this Source: Trade Estimates 500,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 450,000 2007 2008 2009 2010 2011 2012 2013 Chart1: Palm oil - Traffic Evolution Palm oil Port of Durban: Reaching out to Southern Africa Region This key port occupies at vital crossroads on the trade routes between East and West, at the tip of Africa is also suited to take advantage of the growing maritime trade between the growing economics of South America and Asia. Part 1 of 2
  • 4. North Port, Port Klang - Fima Bulking Services Berhad - Fimachem Sdn Bhd - Fima Liquid Bulking Sdn Bhd - Fima Freight Forwarders Sdn Bhd Butterworth - Fima Palmbulk Services Sdn Bhd Jalan Parang, 2nd Extension, North Port, 42000 Port Klang, Selangor, MALAYSIA Tel: +603 - 3176 7211 Fax: +603 - 3176 5641 Email: enquiry@fimabulking.com http://www.fimabulking.com Located in a free commercial zone offer excellent opportunities for • Import and export • Transhipment • MDEX tender (approved delivery point) • Regional collection / distribution hub Facilities available : • Carbonsteel • Coated & stainless tanks come with heating facilities & nitrogen blanketing. Malaysia’s Largest Independent Common-user Multi-purpose Liquid Bulk Terminal Operator
  • 5. MPOC FORTUNE •  5 Continued on page 9 One of the countries in the Central and Eastern Europe (CEE), Bulgaria has become one of the most important Malaysian Palm Oil (MPO) importers in the region. According to MPOB data, MPO export to Bulgaria in 2013 was recorded at 9,947 MT, more than any other countries in the region that include Romania, Poland and new EU member state, Croatia. Bulgaria is one of the emerging market economies in the world where the private sector accounts for more than 80% of the country’s GDP. Agriculture is one of the important and most promising sectors. The country enjoys admirable natural conditions for developing the agriculture and forestry sector. Cultivated agricultural land occupies about 4.9 million hectares or 44% of the total territory of the country. The favourable climate for crop production and the availability of agricultural land and long traditions have resulted in well-developed plant growing and animal breeding. Low labour costs and the high-schools and colleges offering training in modern farming and animal breeding add to the existing advantages. Traditionally, Bulgaria has had a leading position in exports of grapes, oriental tobacco, tomatoes, apricots and other agricultural products to European markets. Among the main crops produced are tomatoes, pepper, tobacco, grapes, wheat, maize, beans, potato, sunflower, peaches, apricots, apples, melons, and nuts. Other traditions in the agriculture sector include sheep, pig and cattle breeding, poultry farming and bee-keeping. Bulgaria is also one of the major producers of sunflower seed and sunseed oil among the CEE countries besides Hungary and Romania. Crushings were at the highest level in 5 years when a total of 529,700 MT of oilseeds were crushed in 2012. 475,000 MT or 90% of the crushings was for sunflower seed. Domestic sunflowerseeds are traded within the EU member states. In 2013, Bulgaria exported most of its sunflowerseed to Portugal, the Netherlands and Spain. Trade with third countries include high sunflowerseed export to Turkey and other parts of Europe namely Norway, Serbia & Montenegro, Macedonia and Bosnia-Herzegovina. Some of the sunflowerseeds were also exported to the US. Rapeseed is also another oilseed exported. Major trading rapeseed partners in the EU include Romania, Portugal, Belgium and France while a significant amount of rapeseed was also exported to Turkey in 2013. Sunflower oil is the main vegetable oil produced in the oils and fats sector. In 2013, 241,000 MT of sunflower oil was produced, a growth of 63% from only 148,000 MT recorded back in 2008. Larger planting and harvested areas as well as improved yields per hectare have contributed to the greater sunflowerseed outputs over the years. Rapeseed oil saw its production on the rise to 25,000 MT in 2013 compared to only 9,000 MT produced in 2008. Bulgaria has maintained its production of lard with an average of 25,600 MT produced annually since 6 years ago. Other oils and fats such as corn oil, butter as fat, soybean oil and cotton oil sum up the country’s total production. MARKETInsightsIns g Table 1: MPO Exports to CEE Countries (Jan-Dec 2012-2013) - MT Country 2013 2012 Bulgaria 9,947 10,246 Croatia 6,015 6,221 Czech Republic 89 158 Estonia 516 283 Hungary 111 508 Latvia 258 235 Lithuania 7 262 Poland 1,041 619 Romania 7,207 4,947 Slovakia 5 0 Slovenia 432 255 Total CEE Region 25,628 23,734 Source: MPOB Bulgaria - A Gateway For Palm Oil In Central and Eastern Europe
  • 6. 6 •  MPOC FORTUNE port is the excellent railway network and roads which connects Durban to the rest of South Africa and also the neigbouring countries. Durban is the main discharge port for oils and fats in South Africa. There are also other ports which cater for oils and fats discharge such as Cape Town and East London on a smaller scale. However, there is no tank facility at Cape Town and the oil is discharged directly into lorry tankers for distribution. The largest concentration of tank farms in South Africa is situated at the port of Durban and operated by independent companies. The largest independent tank farm at Durban is owned by Island View Storage (Pty) Ltd. According to IVS, the total storage capacity for heated oils and fats including palm oil products is estimated at 100,000 tonnes. Discharge of palm oil is usually at berths 2 and 4 where the water depth is about 10.6 metres. The normal discharge rate is about 100-120 tonnes per hour. Oils & fats in South Africa Palm Oil is not new in South Africa and other parts of Southern Africa region and is a growing market for palm oil and palm kernel oil. The bulk of the palm oil products are imported from Malaysia and Indonesia. Unilever is the largest consumer of palm products in South Africa estimated at 150,000 MT per annum. The major contributing factors which enhanced palm oil trade are: i) Price competitiveness of palm oil ii) Inherent functional properties iii) Suitability for deep frying and solid fats/confectionery, fats/soap manufacture iv) Availability of suitable port storage and inland haulage facilities for handling palm oil products. South Africa is one of the largest importers of oils and fats in Sub-Sahara Africa. Local supply of oils and fats is unable to meet requirements due to limited crop size. Its average annual output is about 575,000 metric tonnes of oils and fats meets about 44 per cent of the domestic requirement. In 2013, only 555,000 metric tonnes of oils and fats were produced while consumption was recorded at 1.3 million metric tonnes. Oils and fats production witnessed a moderate growth of three per cent per annum during the last five years. Port of Durban: Reaching out to Southern Africa Region The Sea Port of Durban with capacity of 2.9 million Twenty Foot Equivalents (TEUs). In medium term the capacity can be increased to 5.0 million upon construction of additional five new container berths, from current 46 berths. Durban allows maximum clearance of 16 meter for loaded vessel in ideal condition. Durban handled about 70 % of South Africa’s containers. The long term development of the dig-out port allows for a total of 16 new containers, four liquid bulk berths and three car terminal berths with their respective back of quay operational areas and road and rail connections. Continued from page 3 MARKETInsightsIns g Privately operated liquid bulk terminal of Port of Durban handled the majority of liquid bulk volumes includes oils and fats. The new Durban Dig-out Port will be provide extra handling capacity with new berths and tanks farmed planned. Continued on page 12
  • 7. MPOC FORTUNE •  7 part) that the specific vegetable oil(s) used in any given food product must be indicated in the labelling of the package as of the said date. In simple terms, the FIR will soon no longer allow that the neutral category of ‘vegetable oils’ be used for any vegetable oil without specifying the specific oil(s), such as palm oil, present in any food product. The application of the new labelling regime was delayed until 13 December 2014 in order to allow time for producers to adjust their labels. By targeting palm oil with the ‘no palm oil’ or ‘palm oil free’ marketing and labelling campaigns, the commercial operators that are waging them intend to denigrate palm oil and convince as many consumers as possible that palm oil is bad, for either nutritional or environmental reasons, or for both. Their assumption is that, once the new FIR labelling requirements will come into play, many consumers will no longer purchase products that contain palm oil. This also has an evil, but somewhat astute, marketing appeal in that consumers are increasingly prone to believe that products that are ‘low in’ or ‘free from’ are better, healthier and to be preferred over those that have the targeted ingredients (inter alia, fat, sugar, allergens, preservatives, but now also, disturbingly, ingredients like palm oil). From a legal perspective, these campaigns appear to be, at best, deceptive or unsubstantiated generalisations and, at worst, fraudulent in nature and aimed at denigrating competing oils and/or promoting certain products by implying that whatever is used as an ingredient is better, healthier or environmentally greener than what is not used. When made in a nutritional context, these ‘palm oil free’ labels are arguably not approved by the EU and, therefore, to be considered as illegal nutrition claims under Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods and/or as misleading and deceptive claims under Directive 2000/13/EC and Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising. Similarly, the environmental allegations hinted at by some of these ‘palm oil free’ logos are always unsubstantiated generalisations in that not all the palm oil contained in a specific product and being discouraged or denigrated with the negative labels is (or can be proved to be) environmentally unsustainable. By soon making it compulsory that the oil origin be specified (so that a consumer can make an informed choice in the selection of food products), a mere look at the list of ingredients will tell consumers whether a product contains a specific vegetable oil or not. ‘Palm oil free’ labelling campaigns directly on the product packaging must, therefore, be seen not only as illegal or deceptive (as argued above), but also unnecessary as of 13 December 2014, since any consumer will be able to tell what vegetable oil is present or not in any food product. There will be no need to use these dubious ‘palm oil free’ campaigns in order to ‘help’ consumers make informed choices. However, it is possible (and perhaps even likely, given the ‘hidden agendas’ that these campaigns pursue) that such harmful and misleading information campaigns, based on the skilful use of ‘free-from’ labels, may still be addressed at consumers. Authorities and commercial operators need to closely scrutinise the market and challenge these anti-competitive practices. The expectation is that EU authorities and EU Member States will continue to take labelling seriously and, while they impose costly new rules on producers, they also ensure that consumers are not misled by astute marketing techniques that have no informative agenda, but simply aim at denigrating certain vegetable oils in order to promote others or to convince consumers that what is ‘free-from’ a certain oil is a better product. It is with these commercial and legal considerations in mind that MPOC has engaged, over the last year and a half, in a series of legal actions, primarily in France, in order to fight these damaging ‘palm oil free’ campaigns and defend the good name and reputation of palm oil. Actions have been taken in France at the administrative level before the competent provincial-level authorities (known as Departmental Directorates for the Protection of Populations, or DDPPs in the French acronym) and with the central-level authority (known as Directorate General for Competition, Consumption and Repression of Fraud of the French Ministry of Finance, or DGCCRF in the French acronym), which are in charge of safeguarding competition, protecting consumers and combating commercial frauds. Administrative complaints have been lodged against 5 French companies that have been resorting to ‘no palm oil’ labels on many of their food products: Findus, Lay’s, Jacquet, Frial and Casino. The procedures and lengthy discussions held with the French administrative authorities, especially the DGCCRF, have resulted in internal instructions sent by DGCCRF to the provincial-level DDPPs that actions should be taken on the market when ‘palm oil free’ labels are used by producers or retailers within a nutritional context. That is a major victory for MPOC and a shift in approach by the French authorities that have essentially recognized that, when ‘palm oil free’ “Palm Oil and EU Market: Key Issues and Actions by MPOC” Continued from page 1 MARKETInsightsIns g Continued on page 10
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  • 9. MPOC FORTUNE •  9 Bulgaria - A Gateway For Palm Oil In Central and Eastern Europe Sunflower oil is also a major export for Bulgaria. In 2013, it accounts for 72% of total domestic production of oils and fats, a growth of 46% from a year ago. Key destinations of Bulgarian sunflower oil are the EU countries, with other export destinations being Macedonia, Egypt and Turkey. Rapeseed oil is also exported with major recipients within the EU. In 2013, 23,400 MT of rapeseed oil was exported compared to 14,100 MT registered in 2012. Palm Oil in Bulgaria To complement domestic requirements in the oils and fats sector, Bulgaria imported a total of 99,000 MT of oils and fats in 2013, slightly lower than 106,000 MT imported a year earlier. Palm oil is the main imported vegetable oil and second most consumed oils and fats in the country after sunflower oil. The demand for palm oil and its derivative products continues to increase from year to year leading to the boost in the import figures. In 2013, palm oil import into Bulgaria reached 49,000 MT, accounting for 49% of total imports. This was an increase of 14% from 43,000 MT of palm oil that was imported in 2012. Based on Oil World data, in 2013 palm oil imports into Bulgaria were at 48,700 MT, an increase of 14% from 2012. Palm oil into Bulgaria was mostly imported from Greece at 18,900 MT, followed by Indonesia with 15,700 MT. The data also shows that 9,000 MT of palm oil imported into Bulgaria was from Malaysia (the MPOB figures are 9,947 MT). The main palm oil products exported to Bulgaria from Malaysia in 2013 were RBD palm oil and RBD palm olein. Other palm products exported to Bulgaria from Malaysia include palm kernel oil, oleochemicals (soap noodles) and finished products (shortening). Some of the tonnages of palm oil in Bulgaria were also re-exported according to Oil World, notably to the neighbouring Romania. According to the RSPO website, a leading company in Greece manufactures vegetable and other specialty fats most of which have palm oil as the raw material. It also operates in the Balkan Peninsula, with two factories, one of which located in Bulgaria. The company is reportedly exporting their products in all Balkan countries including Bulgaria. It also shares the common borders with Greece and shores on the Black Sea which could explain the amount of palm oil coming from Greece into Bulgaria. Table 2: Crushings and Trade (with 3rd countries) of Oilseeds (1000 T) 2013E 2012 2011 2010 2009 Crushings Soybeans 7.0 2.1 6.9 15.5 5.1 Cottonseed 0.5 0.6 0.7 0.5 1.0 Sunflowerseed 480.0 475.0 405.0 360.0 415.0 Rapeseed 55.0 52.0 38.0 36.1 38.3 Total 542.5 529.7 450.6 412.1 459.5 Imports Soybeans 4.0 0.1 1.8 0.1 0.1 Groundnuts 5.9 6.1 4.8 5.9 5.7 Sunflowerseed 7.0 5.7 7.8 11.4 8.8 Linseed 0.5 0.3 0.3 0.3 0.2 Total 17.4 12.2 14.7 17.7 14.8 Exports Sunflowerseed 112.0 148.5 220.7 166.0 388.5 Rapeseed 49.0 49.8 36.8 42.3 23.4 Total 161.0 198.2 257.6 208.3 411.9 Source: Oil World and MPOC Estimates Continued from page 5 MARKETInsightsIns g Continued on page 11 2008 2009 2010 2011 2012 2013 350 250 300 200 150 100 50 0 Others Lard RSO SFO (1000MT) Source: Oil World Chart 1: Sunflower oil is the major oil produced in Bulgaria
  • 10. 10 •  MPOC FORTUNE labels are used to imply (lower or negative) nutritional attributes of products containing palm oil or, vice-versa, the healthier nutritional attributes of products that do not contain palm oil as an ingredient, that label is to be intended as a nutritional claim and, and such, illegal in that it is not expressly approved by EU law. At the administrative level, it is now necessary to ‘police’ the commercial practices of these and other operators and file new complaints if the labels used appear to be partly or wholly nutritional in nature. The problem, of course, is that many of these ‘palm oil free’ labels are not entirely nutritional in nature (i.e., some are only partly so or impliedly so, by reference to nutritional information or allegations made on other media, such as advertisements in retail points, websites, leaflets, YouTube initiatives, etc.) and some are (also or only) environmental in nature. The best example of these complex and multifaceted campaigns are those that have been waged by French supermarket chain Casino, which uses a wide variety of techniques, has placed ‘palm oil free’ labels on over 350 products and has singled-out palm oil as the target of a systematic marketing campaign aimed at denigrating palm oil and, in the process, sell more of its products as a green and health-conscious supermarket. For that reason, and in order to get clear interpretative language by means of a judicial decision from a French Court, MPOC has lodged a judicial complaint before the Tribunal de Commerce (i.e., the Commercial Court) of Paris against Casino. The case filed is legally complex and extensive in scope. Despite the slow pace of French justice and some procedural setbacks relating to the standing of the MPOC before French Courts, the substance of the MPOC’s legal challenge and arguments is strong and a positive outcome is expected. If so, the scope of these ‘palm oil free’ labelling campaigns will be severely limited and the palm oil industry will be able to use this ruling to ‘educate’ French consumers about the environmental, nutritional and commercial realities of palm oil. A similar process of ‘education’ is warranted also vis-à-vis many EU politicians, regulators and decision-makers, both at EU level and within individual EU Member States, where recent developments indicate a lack of correct understanding about the palm oil industry or a set of ‘hidden agendas’ that may result in policies or measures that would be highly detrimental and discriminatory to palm oil. Examples, in recent times, of these worrying legislative or regulatory developments are the so-called French proposal for a ‘Nutella tax’ (that in 2012 and 2013 aimed at increasing taxation of palm oil from around €100 per metric tonne to €400 in order to discourage the use of a product that the French Senators proposing the tax considered environmentally and nutritionally dangerous), similar legislative initiatives proposed in Belgium, and other behavioural or ‘sin’ taxes that are increasingly being promoted in a number of EU countries (again, as late as February 2014, in France, where two Senators tabled a new study indicating the merits of taxation increases with respect to oils such as palm oil, palm kernel oil and coconut oil for their nutritional dangers). The term “behavioural taxation” designates the use of taxation to encourage behaviours that are considered beneficial for public health. This term has been used to refer to governmental action in the area of tobacco control, as well as to discourage consumption of certain foodstuffs, such as saturated fats, trans fats, high-sugar or fatty products, but increasingly also soft drinks, confectionery, fast foods and now also some specific ingredients that are being singled-out and targeted as allegedly and inherently dangerous. MPOC has been active in monitoring these developments and in taking swift action to partake in the legislative and regulatory discussions being held in Parliament and among Government authorities in order to fend off these alarming proposals. Letters have been sent to the relevant stakeholders and, so far, the French Government has responsibly decided not to adopt such measures to pursue what may otherwise be a legitimate policy (i.e., combating increasing obesity and protecting the health of consumers). However, these important objectives cannot be achieved by singling-out and targeting specific ingredients or vegetable oils per se, such as palm oil, palm kernel oil and coconut oil, or end products such as Nutella, which contain palm oil. The French Government knows that such behavioural tax targeting (de facto, if not de jure) specific imported products (like palm oil) would likely be WTO inconsistent and, therefore, too dangerous to adopt. MPOC will continue ‘policing’ this regulatory front and intervene as necessary to ensure that the debate remains based on science, not influenced by ‘hidden agendas’ that have little to do with the protection of consumers’ health, and that the measures adopted (if any) are non-discriminatory and both EU and WTO consistent. In light of this overall objective and of the type of legislative and regulatory developments and proposals that are increasingly occurring within the EU, MPOC has also embarked on a number of ‘soft’ initiatives aimed at ‘educating’ EU regulators, legislators and decision-makers with respect to palm oil. Academic and legal publications are, for instance, being sponsored to discuss the issue of ‘negative labelling’, which appears poorly regulated at EU level and often allowing market operators to adopt marketing techniques that are fundamentally based on deception and/or unsubstantiated generalizations, if not actual fraud, in order to promote certain products by denigrating others. This must not be allowed and clearer rules and procedures must be defined at EU level and uniformly applied throughout the EU market by EU Member States’ authorities. Similar actions are being sponsored within the framework of ad hoc specialised conferences and university seminars, so that these issues can be discussed and advanced within the confines of academia and among scholars, away from the pressures and controversies of more commercial contexts. These issues are also of extreme importance to many other sectors, in that they are ‘horizontal issues’ of good regulation that stand to affect many other commercial and industrial interests. The palm oil industry stands a better chance to address and resolve some of these disturbing developments if it works in cooperation with other actors, many of which are Europeans or EU-based which have similar systemic concerns and objectives. Kumar, MPOC Brussels (Watch out for Part 2 in our next issue) “Palm Oil and EU Market: Key Issues and Actions by MPOC” Continued from page 7 MARKETInsightsIns g
  • 11. MPOC FORTUNE •  11 250 200 150 100 50 0 2008 2009 2010 2011 2012 2013 (1000MT) Others SBO Lard RSO PO SFO Source: Oil World Chart 2: Palm Oil Is The Second Most Consumed Oils and Fats After Sunflower Oil Bulgaria - A Gateway For Palm Oil In Central and Eastern Europe Continued from page 9 MARKETInsightsIns g Marketing Malaysian Palm Oil in Bulgaria Good opportunities in Bulgarian agriculture sector exist in the creation of production chains through a combination of selected companies in clusters covering primary sector, processing, sales and distribution. A crucial advantage of the sector is the presence of well-established food research and development institutions. Within Bulgaria a special EU support program (SAPARD), provides 50% investment subsidy for investment projects in agriculture. However, the country faces a shortage of labour in the agriculture sector. The average age of Bulgarian farmers is 58 years old. Only about 2.4 per cent of the recent university graduates have degrees in agronomy, veterinary sciences and related courses.  The main palm oil products imported into Bulgaria are palm olein in drums for blending with sunflower oil and bottling for retail sales as well as palm shortening. Although a member of the European Union, unlike its much developed Western Europe counterparts, the image of palm oil in Bulgaria is relatively good. There does not seem to be much concern about saturated fats and much interest has been developed over the years on palm oil products especially red palm olein. Food security has been emphasised in Bulgaria’s agriculture and food sectors. The Government has underlined four major pillars in meeting its target on food security; availability (including productivity), accessibility (including affordable prices for all people), utilisation (including quality and food safety) and sustainability. The present Bulgarian Government has implemented a simple business administration to facilitate small to medium enterprises. This opens the doors to many opportunities to develop more concrete business co-operations between local companies and overseas’ counterparts, such as market expansion for agricultural products and collaboration in research and technology. The future of palm oil in Bulgaria is fairly good and looks promising. Palm oil certainly has the advantage to fulfil the four pillars in meeting the food security target set by Bulgarian Government. Oil palm yield has the highest land productivity than any other competing oilseeds including sunflower making it a sustainable crop. Palm oil’s continuous supply makes it readily available to the consumers. This presents the opportunities to Malaysian Palm Oil players in a form of a joint venture (JV) with local partner. Collaborations could include potential blending of palm oil with sunflower oil and marketing of palm olein in opaque bottles. This was proven a success in the neighbouring country, Romania. MPOC offers assistance to Malaysian palm oil players who are interested in this type of joint venture. Azriyah Azian, MPOC HQ 2008 2009 2010 2011 2012 2013 (1000MT) Source: Oil World Chart 3: Palm oil is the most imported oils and fats Others RSO SBO SFO PO 120 100 80 60 40 20 0
  • 12. MPOC Offices Worldwide Malaysian Palm Oil Council (MPOC) 2nd Floor Wisma Sawit Lot 6, SS 6, Jalan Perbandaran 47301 Kelana Jaya, Selangor Tel: 603-7806 4097 Fax: 603-7806 2272 www.mpoc.org.my American Palm Oil Council 1010 Wisconsin Av, Suite 307 Washington DC 20007 Tel: +1 (202) 333 0661 Fax: +1 (202) 333 0331 www.americanpalmoil.com E-mail: Ahmad Fadzli Abd Aziz Contact: fad.aziz@americanpalmoil.com MPOC Africa Regional Office 5 Nollsworth Crescent, Nollsworth Park La Lucia Ridge Office Estate, La Lucia 4051, KwaZulu-Natal, South Africa Tel: +27 (31) 5666 171 Fax: +27 (31) 5666 170 E-mail: kazmi@mpoc.org.za Postal Address: P.O.Box 1591 M.E.C.C. 4301, South Africa Contact: Kamal Azmi MPOC Bangladesh 62-63 Motijheel Commercial Area, 7th Floor, Amin Court Building, Dhaka, Bangladesh Tel: +88 (02) 9571 216 Fax: +88 (02) 9551 836 E-mail: fakhrul@mpoc.org.bd Contact: Fakhrul Alam MPOC Shanghai Shanghai Westgate Mall Co. Ltd. Room 1610B, 1038 Nanjing Rd. (w) Shanghai 200041, P. R. China Tel: +86 (21) 6218 2085 / 6218 2513 Fax: +86 (21) 6218 1125 E-mail: teah@mpoc.org.cn Contact: Teah Yau Kun MPOC Pakistan 11 – 3rd Floor, Leeds Centre Main Boulevard Gulberg, 111 Lahore, Pakistan Tel: +92 (42) 3571 6600 / 3571 6601 Fax: +92 (42) 3571 6602 E-mail: faisal@mpoc.org.pk Contact: Faisal Iqbal MPOC India S-4, New Mahavir Building, Cumballa Hill Road Kemps Corner, Mumbai 400 036 Tel: +91 (22) 6655 0755 / 6655 0756 Fax: +91 (22) 6655 0757 E-mail: bhavna@mpoc.org.in Contact: Bhavna Shah MPOC Europe Regional Office 31 Avenue Emile Vendervelde 1200 Brussels Belgium Tel: +32 (2) 7748 860 Fax: +32 (2) 7794 371 E-mail: kumar@mpoc.eu Contact: Uthaya Kumar MPOC Moscow Moscow, 4th Dobrininskiy side-street, 8 BC 'Dobrinya', 1st floor, Office R00-126 Tel : +790 963 520 40 Email: udovenko@mpoc.org.my Contact: Aleksey Udovenko MPOC Cairo 3 Gamal E1-Din Afify Street, Nasir City Zone No.6, 11371 Cairo, Egypt Tel: +20 (2) 2273 8108 Fax +20 (2) 2273 8106 E-mail: zainuddin@mpocegypt.com Contact: Zainuddin Hassan MPOC Istanbul Guzel Konutlar Sitesi Dilek Apartment Daire 3 Balmumcu, Besiktas - Istanbul, Turkey Tel: +90 (212) 2668234 Fax +90 (212) 2668236 E-mail: Muhamad Suhaili Hambali Contact: msuhaili@mpoc.org.myPublisher: Malaysian Palm Oil Council (MPOC) 2nd Floor Wisma Sawit, Lot 6, SS 6, Jalan Perbandaran, 47301 Kelana Jaya, Selangor Printed by: Aktiara Corporation Sdn Bhd 1 & 3, Jalan TPP 1/3, Taman Industri Puchong Batu 12, 47160 Puchong, Selangor C O M PLETED C O M PLETED C O M PLETED Sunflower oil, being the indigenous oil, is the largest quantity consumed. In 2013 a total of 400,000 metric tonnes of the oil was consumed, making up 31 per cent of the total oils consumed. Palm oil consumption accounts for nearly 29 per cent of the total, but the growth seemed quite stagnant in last five years. The annual import of oils and fats by South Africa is dependent on domestic production and the volume of oilseeds imported. In 2012, 926,800 metric tonnes of oils and fats were imported, with the bulk of this being palm oil. In 2013, palm oil import was at 379,100 metric tonnes which accounted for 30 per cent of the country’s import, making palm oil as the largest volume among the oils imported. Malaysia is the major supplier of palm oil to South Africa, exporting about 108,000 metric tonnes in 2013. This is equivalent to nearly 29 per cent of that country’s palm oil imports. Kamal Azmi Kamarudin, MPOC Durban (Watch out for Part 2 in our next issue) Port of Durban: Reaching out to Southern Africa Region Continued from page 6 MARKETInsightsIns g