# C_2015437EN.01000501.xml

| 29.12.2015 | EN | Official Journal of the European Union | C 437/5 |
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29.12.2015

EN

Official Journal of the European Union

C 437/5

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Intention of the Commission to prolong the possibility to use non-organic juveniles and seed from non-organic bivalve shellfish hatcheries until 31 December 2016 in organic aquaculture under Commission Regulation (EC) No 889/2008

(2015/C 437/06)

| 1. | According to Articles 25e(3) and 25o(1) of Commission Regulation (EC) No 889/2008 (1), the maximum percentage of non-organic aquaculture juveniles and of seed from non-organic bivalve shellfish hatcheries introduced to the farm shall be 0 % by 31 December 2015. |
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1.

According to Articles 25e(3) and 25o(1) of Commission Regulation (EC) No 889/2008 (1), the maximum percentage of non-organic aquaculture juveniles and of seed from non-organic bivalve shellfish hatcheries introduced to the farm shall be 0 % by 31 December 2015.

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| 2. | The Commission’s assessment of available information previously indicated that it would be possible for the organic aquaculture sector to comply with this requirement. However, new information received recently from Member States and stakeholders suggests that organic juveniles and shellfish seed are at this date not available in sufficient quantities and that the sector of organic aquaculture would have difficulties ensuring production of organic aquaculture animals. Therefore, the Commission would like to inform economic operators concerned that it is preparing a Commission Regulation amending Regulation (EC) No 889/2008, that would postpone the application of the percentage of 0 % provided for in Article 25e(3) and in the third subparagraph of 25o(1) of Regulation (EC) No 889/2008 by one year. The 0 % would therefore only apply as of 31 December 2016.
  This prolongation of the possibility of using non-organic juveniles and seed from non-organic bivalve shellfish hatcheries until 31 December 2016 should avoid disruption of organic aquaculture production in the Union, and would give time to the market for organic juveniles and shellfish seed to develop further. |
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2.

The Commission’s assessment of available information previously indicated that it would be possible for the organic aquaculture sector to comply with this requirement. However, new information received recently from Member States and stakeholders suggests that organic juveniles and shellfish seed are at this date not available in sufficient quantities and that the sector of organic aquaculture would have difficulties ensuring production of organic aquaculture animals. Therefore, the Commission would like to inform economic operators concerned that it is preparing a Commission Regulation amending Regulation (EC) No 889/2008, that would postpone the application of the percentage of 0 % provided for in Article 25e(3) and in the third subparagraph of 25o(1) of Regulation (EC) No 889/2008 by one year. The 0 % would therefore only apply as of 31 December 2016.

This prolongation of the possibility of using non-organic juveniles and seed from non-organic bivalve shellfish hatcheries until 31 December 2016 should avoid disruption of organic aquaculture production in the Union, and would give time to the market for organic juveniles and shellfish seed to develop further.

| 3. | The Regulation under preparation should first be notified to other WTO Members according to the WTO Agreement on Technical Barriers to Trade. Once this notification procedure has been accomplished, the draft Regulation should be submitted, in accordance with Articles 15(2) and 37 of Council Regulation (EC) No 834/2007 (2) to the Committee on Organic Production for its opinion. This would take place after 1 January 2016. It is therefore planned to apply the modification of Articles 25e(3) and 25o(1) retroactively as of 1 January 2016. This should allow operators, once this Regulation is adopted, to sell aquaculture animals as organic provided that the requirement of 50 % provided for in Article 25e(3) and the third subparagraph of 25o(1) of Regulation (EC) No 889/2008 has been respected.
  Such a modification is, however, subject to a positive vote of the Committee on Organic Production and subsequent adoption by the Commission. |
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3.

The Regulation under preparation should first be notified to other WTO Members according to the WTO Agreement on Technical Barriers to Trade. Once this notification procedure has been accomplished, the draft Regulation should be submitted, in accordance with Articles 15(2) and 37 of Council Regulation (EC) No 834/2007 (2) to the Committee on Organic Production for its opinion. This would take place after 1 January 2016. It is therefore planned to apply the modification of Articles 25e(3) and 25o(1) retroactively as of 1 January 2016. This should allow operators, once this Regulation is adopted, to sell aquaculture animals as organic provided that the requirement of 50 % provided for in Article 25e(3) and the third subparagraph of 25o(1) of Regulation (EC) No 889/2008 has been respected.

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Such a modification is, however, subject to a positive vote of the Committee on Organic Production and subsequent adoption by the Commission.

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(1)  Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

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(2)  Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

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