# CE2004078EN.01069001.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/690 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/690

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(2004/C 78 E/0736)

WRITTEN QUESTION E-3340/02

by Astrid Thors (ELDR) to the Commission

(26 November 2002)

Subject:   Certification of organic cereals exported on the internal market

Subject:

Finnish exports of organic cereals to Germany are currently at a low because the German buyers do not accept the Finnish authorities' certification procedure. Germany requires every single consignment of organic produce to be issued with a certificate while the Finnish authorities do not consider that to be necessary. The relevant EU regulation does not require certification of each consignment either but it is customary for much of the trade in organic produce in the EU.

The Finnish authorities are eager to secure their exports of organic cereals and are prepared, if necessary to change their control procedures so that the certificates which the buyers require can in fact be issued. The German buyers, however, have been reluctant to produce clear models for the certification that they would like.

Does the Commission consider that the German buyers' demand that each individual consignment of organic cereals should be certified may be construed as a measure which obstructs competition? If so, what does the Commission intend to do to remove this obstacle to the internal market?

Answer given by Mr Fischler on behalf of the Commission

(7 January 2003)

(7 January 2003)

The Honourable Member explains that Finnish exports of ‘organic’ cereals to Germany are currently low because the German buyers require that every single consignment of ‘organic’ cereals is accompanied by a certificate without communicating the required model.

Council Regulation (EEC) No 2092/91 of 24 June 1991, on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1), sets out in its Annex III provisions for inspection requirements and in particular states that, on receipt of a product from another unit, the operator shall check that the following appropriate information is present on the label or on the accompanying document:

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| (a) | the name and address of the operator and, where different, of the owner or seller of the product; |
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(a)

the name and address of the operator and, where different, of the owner or seller of the product;

| (b) | the name of the product, including a reference to the organic production method; |
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(b)

the name of the product, including a reference to the organic production method;

| (c) | the name and/or the code number of the inspection body or authority to which the operator is subject and; |
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(c)

the name and/or the code number of the inspection body or authority to which the operator is subject and;

| (d) | where relevant, the lot identification mark according to a marking system either approved at national level or agreed with the inspection body or authority. |
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(d)

where relevant, the lot identification mark according to a marking system either approved at national level or agreed with the inspection body or authority.

Therefore, the buyers of cereals are entitled to require the presence of the information relating to the reference to the organic production method and to the inspection authority or body. The Council Regulation does not require that this information appears on a certificate.

In addition, Article 12 of Regulation (EEC) No 2092/91 guarantees the free movement of ‘organic’ produce within the Community and states that Member States may not prohibit the marketing of products in compliance with this regulation on grounds relating to labelling or to the presentation of the production method.

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(1)  OJ L 198, 22.7.1991.

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