1993R0207 — EN — 03.10.2000 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No207/93
of29January1993
defining the content of Annex VI to Regulation (EEC) No 2092/91 on organic production of
agriculturalproductsandindicationsreferringtheretoonagriculturalproductsandfoodstuffsand
layingdowndetailedrulesforimplementingtheprovisionsofArticle 5(4)thereto
(OJ L 25, 2.2.1993, p. 5)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 345/97 of 26 February 1997 L 58 38 27.2.1997
►M2 Commission Regulation (EC) No 2020/2000 of 25 September 2000 L 241 39 26.9.2000
▼B
COMMISSIONREGULATION(EEC)No207/93
of29January1993
definingthecontentofAnnexVItoRegulation(EEC)No2092/91on
organic production of agricultural products and indicationsreferringtheretoonagriculturalproductsandfoodstuffsandlayingdowndetailedrulesforimplementingtheprovisionsofArticle5(4)
thereto
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to CouncilRegul ation (EEC) No 2092/91 of 24 June
1991 on organic production of agricultural products and indicationsreferring thereto on agricultural products and foodstuffs (
1) and in
particular Article 5 (7) and (8) thereof,
Whereas for the purposes of Article 5 (3) (b) and (c) and (4) of Council
Regulation (EEC) No 2092/91 (hereinafter referred to as ‘theRegulation’), exhaustive lists have to be established in Sections A, Band C of Annex VI thereto;
Whereas for the purposes of the three sections of Annex VI to the
Regulation, certain definitions have to be developed in order to ensurecoherence with other related Community regulatory provisions;
Whereas any ingredients or processing aids to be mentioned in Annex
VI to the Regulation should be used only in accordance with legislativerequirements concerning the preparation of foodstuffs and according togood practice of in the manufacturing of foodstuffs;
Whereas Annex VI to the Regulation should take account of consumers'
expect actions that processed products from organic production will becomposed essentially of ingredients as they occur in nature;
Whereas, however, other ingredients or processing aids which may be
used in conventionally processed foodstuffs, and which preferably existin nature, may be included in Annex VI to the Regulation, provided ithas been shown that, without having recourse to such substances, it isimpossible to produce or preserve organic foodstuffs;
Whereas, with regard to enzymes derived from micro-organisms, it has
to be further examined whether such products obtained from micro-organisms genetically modified within the meaning of Council Directive90/220/EEC (
2), can be used in foodstuffs whose labelling refers to
organic production methods; whereas this question will be examined in
detailwhen such enzymes are approved for use in foodstuffs accordingto the relevant Community legislation;
Whereas the said Annex VI will have to be reviewed regularly in the
light of experience gained and of developments with in the availability
on the Community market of certain organically produced ingredients ofagricultural origin;
Whereas detailed rules for the implementation of the derogation
pursuant to Article 5 (4) of the Regulation are necessary to ensure
coherent implementation of this derogation in the Member States, aslong as products covered by this derogation have not been included inSection C of Annex VI to the Regulation;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the committee referred to in Article 14 of Regulation(EEC) No 2092/91,1993R0207 — EN — 03.10.2000 — 002.001 — 2
(1) OJ No L 198, 22. 7. 1991, p. 1.
(2) OJ No L 117, 8. 5. 1990, p. 15.
▼B
HAS ADOPTED THIS REGULATION:
Article 1
The content of Annex VI to Regulation (EEC) No 2092/91 is defined in
the Annex to the present Regulation.
Article 2
No amendments to Sections A and B of Annex VI shall be adopted
unless at least the following requirements are satisfied:
(a) for food additives covered by Section A, point 1 of Annex VI:
without prejudice to the requirements for acceptance of additivesprovided for in CouncilDirective 89/107/EEC (
1) only substances
shall be included for which it has been shown that, without having
recourse to such substances, it is impossible to produce or preservesuch foodstuffs;
(b) for processing aids covered by Part B of Annex VI: only substances
are included which are accepted in general food processing and forwhich it has been shown that, without having recourse to suchsubstances, it is impossible to produce such foodstuffs.
Article 3:
1. As long as an ingredient of agricultural origin is not included in
Section C of Annex VI to Regulation (EEC) No 2092/91, that ingredientmay be used according to the derogation provided for in Article 5(3)(b)and Article 5(5a)(b) of that Regulation on the following conditions:
(a) that the operator has notified to the competent authority of the
Member State all the requisite evidence showing that the ingredient
concerned satisfies the requirements of Article 5(4) of Regulation(EEC) No 2092/91; and
(b) that the competent authority of the Member State has provisionally
authorised, in accordance with the requirements of Article 5(4) ofRegulation (EEC) No 2092/91, the use for a maximum period ofthree months after having verified that the operator has taken thenecessary contacts with the other suppliers in the Community to
ensure himself on the unavailability of the ingredients concerned
with the required quality requirements; without prejudice of theprovisions of paragraph 6, the Member State may prolong thisauthorisation maximum three times for seven months each; and
(c) no decision has been taken, in accordance with the provisions of
paragraphs 4 or 6 that a granted authorisation with regard to theingredient concerned shall be withdrawn.
2. Where an authorisation as referred to in paragraph 1 has been
granted, the Member State shall immediately notify to the other MemberStates and to the Commission, the following information:
(a) the date of the authorisation and in case of a prolonged
authorisation, the date of the first authorisation;
(b) the name, address, telephone, and where relevant, fax and e-mail of
the holder of the authorisation; the name and address of the contact
point of the authority which granted the authorisation;
(c) the name and, where necessary, the precise description and quality
requirements of the ingredient of agricultural origin concerned;
(d) the type of products for the preparation of which the requested
ingredient is necessary;
(e) the quantities that are required and the justification for those
quantities;
(f) the reasons for, and expected period of, the shortage;1993R0207 — EN — 03.10.2000 — 002.001 — 3
(1) OJ No L 40, 11. 2. 1989, p. 27.▼M2
▼M2
(g) the date on which the Member State sends this notification to the
other Member States and the Commission.
The Commission and/or Member States may make this information
available to the public.
3. Where a Member State submits comments to the Commission and
to the Member State which granted the authorisation, which show thatsupplies are available during the period of the shortage, the MemberState shall consider withdrawal of the authorisation or reducing theenvisaged period of validity, and shall inform the Commission and theother Member States of the measures it has taken or will take, within 15
days days from the date of receipt of the information.
4. At the request of a Member State or at the Commission's initiative,
the matter shall be submitted for examination to the Committee referredto in Article 14 of Regulation (EEC) No 2092/91. It may be decided, inaccordance with the procedure laid down in Article 14, that a grantedauthorisation shall be withdrawn or its period of validity amended, or
where appropriate, that the ingredient concerned be included in Section
C of Annex VI.
5. In case of a prolongation as referred to in paragraph 1(b), the
procedures of paragraphs 2 and 3, will apply.
6. Where a Member State wants to ensure that an ingredient from
conventional production can still be used after the third prolongation ofthe authorisation referred to in paragraph 1(b), this Member State shall,together with the notification for the third prolongation of a granted
authorisation notify a request for inclusion of the ingredient in Annex
VI, Section C. As long as no decision has entered into force inaccordance with the procedure referred to in Article 14, in order toinclude the ingredient in Annex VI, Section C or to withdraw theauthorisation, the Member State may continue to prolong the authorisa-
tion for successive periods of seven months in due respect of the
conditions of paragraphs 1, 2 and 3.
Article 4
This Regulation shall enter into force 15 days from the date of
publication in the Official Journal of the European Communities .1993R0207 — EN — 03.10.2000 — 002.001 — 4
▼B
▼B
ANNEX
‘ANNEX VI
INTRODUCTION
For the purposes of this Annex, the following definitions will apply:
1. ingredients: substances as defined in Article 4 of this Regulation under the
restrictions as referred to in Article 6 (4) of Council Directive 79/112/EEC
of 18 December 1978 on the approximation of the laws of the Member
States relating to the labelling, presentation and advertising of foodstuffs for
sale to the ultimate consumer (1).
2. ingredients of agricultural origin:
(a) single agricultural products and products derived therefrom by
appropriate washing, cleaning, thermic and/or mechanical processes
and/or by physicalprocesses having the effect of reducing the moisture
content of the product;
(b) also, products derived from the products mentioned under (a) by other
processes used in food processing, unless these products are considered
food additives or flavourings as defined under points 5 or 7 hereunder.
3. ingredients of non-agricultural origin: ingredients other than ingredients of
agricultural origin and belonging to at least one of the following categories:
3.1. food additives, including carriers for food additives, as defined under points
5 and 6 hereunder;
3.2. flavourings, as defined under point 7 hereunder;3.3. water and salt;3.4. micro-organism preparations3.5. minerals (including trace elements) and vitamins.4. processing aids: substances as defined in Article 1 (3) (a) of Council
Directive 89/107/EEC (
2) on the approximation of the laws of the Member
States concerning food additives authorized for use in foodstuffs intended for
human consumption;
5. food additives: substances as defined in Article 1 (1) and (2) of Directive 89/
107/EEC and covered by that Directive or by a comprenhensive Directive as
referred to in Article 3 (1) of Directive 89/107/EEC;
6. carriers, including carrier solvents: food additives used to dissolve, dilute,
disperse or otherwise physically modify a food additive without altering its
technological function in order to facilitate its handling, application or use;
7. flavouring: substances and prducts as defined in Article 1 (2) of Council
Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of
the Member States relating to flavourings for use in foodstuffs and to source
materials for their production (3), and covered by that Directive.
GENERAL PRINCIPLES
Sections A, B and C cover the ingredients and processing aids which may be used
in the preparation of foodstuffs composed essentially of one or more ingredients
of plant origin, referred to in Article 1 (1) (b) of this Regulation, with the
exception of wines.
Notwithstanding reference to any ingredient in Sections A and C or any
processing aid in Section B, any ingredient or such processing aid shall be used
only in accordance with relevant Community legislation and/or national
legislation compatible with the Treaty and, in the absence thereof, in accordance
with the principles of good manufacturing practice for foodstuffs. In particular
additives shall be used according to the provisions of Directive 89/107/EEC and,
where relevant, those of any comprehensive Directive as referred to in Article 3
(1) of Directive 89/107/EEC; flavourings shall be used according to the
provisions of Directive 88/388/EEC and solvents according to the provisions of
CouncilDirective 88/344/EEC of 13 June 1988 on the approximation of the l aws
of the Member States on extraction solvents used in the production of foodstuffs
and food ingrediends (4).1993R0207 — EN — 03.10.2000 — 002.001 — 5
(1) OJ No L 33, 8. 2. 1979, p. 1.
(2) OJ No L 40, 11. 2. 1989, p. 27.
(3) OJ No L 184, 15. 7. 1988, p. 61.
(4) OJ No L 157, 24. 6. 1988, p. 28.
▼B
SECTION A — INGREDIENTS OF NON-AGRICULTURAL ORIGIN
(REFERRED TO IN ARTICLE 5 (3) (B) OF REGULATION (EEC) No
2092/91)
A.1. Food additives, including carriers
NameSpecific condi-
tions (*)
E 170 Calciumcarbonates —
E 270 Lactic acid —E 290 Carbondioxyde —E 296 Malic acid —E 300 Ascorbic acid —
E 322 Lecithins —
E 330 Citric acid —E 334 Tartaric acid [L (+) −] —E 335 Sodium tartrate —E 336 Potassium tartrate —E 400 Alginic acid —E 401 Sodium alginate —E 402 potassium alginate —E 406 Agar —
E 410 Locust beam gum —
E 412 Guar gum —E 413 Tragacanth gum —E 414 Arabic gum —E 415 Xanthan gum —E 416 Karaga gum —E 440 (i) Pectin —E 500 Sodiumcarbonates —E 501 Potassiumcarbonates —E 503 Ammoniumcarbonates —
E 504 Magnesiumcarbonates —
E 516 Calcium sulphate CRE 938 Argon —E 941 Nitrogen —E 948 Oxygen —
(*) CR-carrier
A.2. Flavourings within the meaning of Directive 88/388/EEC
Substances and products as defined in Article 1 (2) (b) (i) and 1 (2) (c) of
Directive 88/388/EEC labelled as natural flavouring substances or natural
flavouring preparations, according to Article 9 (1) (d) and (2) of that
Directive.
A.3. Water and salt
Drinking waterSalt (with sodium chloride or potassium chloride as basic components),
generally used in food processing.
A.4. Micro-organism preparations
(i) Any preparations of micro-organisms normally used in food processing,
with the exception of micro-organisms genetically modified within the
meaning of Article 2 (2) of Directive 90/220/EEC;
(ii) Micro-organisms genetically modified within the meaning of Article 2
(2) of Directive 90/220/EEC: if they have been included according to
the decision procedure of Article 14.
A.5. Minerals (including trace elements) and vitamins
Only authorized as far as their use is legally required in the foodstuffs in
which they are incorporated.
SECTIONB — PROCESSINGAIDSANDOTHER PRODUCTSWHICH
MAY BE USED FOR PROCESSING OF ORGANICALLY PRODUCED
INGREDIENTS OF AGRICULTURAL ORIGIN, REFERRED TO IN
ARTICLE5(3)(C)OFREGULATION(EEC)No2092/911993R0207 — EN — 03.10.2000 — 002.001 — 6
▼B
Name Specific conditions
Water
Calcium chloride coagulation agent
Calcium carbonateCalcium hydroxide
Calcium sulphate coagulation agent
Magnesium chloride (or nigari) coagulation agentPotassium carbonate drying of grapes
Carbon dioxide
NitrogenEthanolsol vent
Tannic acid filtration aid
Egg white albumenCasein
Gelatin
IsinglassVegetable oils greasing or releasing agent
Silicon dioxide gel or colloidal solu-
tion
Activated carbon
TalcBentonite
Kaolin
Diatomaceous earthPerlite
Hazelnut shells
Beeswax releasing agentCarnauba wax releasing agent
Preparations of micro-organisms and enzymes:
(i) Any preparations of micro-organisms and enzymes normally used as
processing aids in food processing, with the exception of micro-organisms
genetically modified within the meaning of Article 2 (2) of Directive 90/220/
EEC;
(ii) Micro-organisms genetically modified within the meaning of Article 2 (2) of
Directive 90/220/EEC: If they have been included hereunder according to the
decision procedure of Article 14.
SECTION C — INGREDIENTSOF AGRICULTURALORIGIN WHICH
HAVE NOT BEEN PRODUCED ORGANICALLY, REFERRED TO IN
ARTICLE5(4)OFREGULATION(EEC)No2092/91
C.1. Unprocessed vegetable products, as well as products derived therefrom by
processes referred to under definition 2 (a):
C.1.1. Edible fruits, nuts and seeds
Coconuts
Brazilnuts
Cashew nuts
Dates
Pineapples
Mangoes
Papayas
Sloes1993R0207 — EN — 03.10.2000 — 002.001 — 7
▼B
Cocoa
Maracujas (Passion fruit)ColanutsPeanuts
Rosehips
SallowthornsBluberries
Maple syrup
QuinoaAmaranthHorseradish seed
Pumpkin seed
Pine kernelsRadish seeds
C.1.2. Edible spices and herbs
All products with the exception of thyme
C.1.3. Cereals
Millet
Wild rice (Zizania plauspra)
C.1.4. Oilseeds and ol eaginous fruits
Sesamum seeds
C.1.5. Miscellaneous
Algae, including seaweed
C.2. Vegetable products, processed by processes as referred to under definition
2 (b):
C.2.1. Fats and oils, whether or not refined, but not chemically modified, derived
from plants other than:
olive
sunflower
C.2.2. Sugars; starch; other products from cereals and tubers
Cane and beet sugar
Starches produced from cereals and tubers, not chemically modifiedRice paper
Gluten
C.2.3. Miscellaneous
Lemon juice
Vinegar from fermented beverages other than wine
C.3. AnimalProducts
Honey
GelatinMilk powder and skimmed milk powder
Edible aquatic organisms, not originating from aquaculture.’1993R0207 — EN — 03.10.2000 — 002.001 — 8