(27)

The following Articles are inserted: "Article 38a Delegated powers 1. In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means of be empowered to adopt delegated acts, adopt in accordance with Article 38d, concerning the adoption of specific rules, measures and conditions necessary for the application of this Regulation, including the specific definitions related to its scope, subject to the objectives and principles laid down in Title II, for the following: [Am. 9] (a) the production rules laid down in Title III, in particular: (i) the specific requirements, conditions and conversion periods to be respected by operators; (ii) the authorisation of products and substances for use in organic production, their inclusion in a restricted list or the withdrawal from that list for the purposes of Articles 16 and 21; (iii) the processing methods for processed food; (iv) the conditions of application of the prohibition on the use of GMOs and products produced from or by GMOs; (v) the definition of the periods referred to in Article 17(1)(c) to (f). (b) the labelling rules, requirements and specific criteria as regards presentation, composition, size and design of the organic logo of the European Union as well as the conditions and rights of its use, in accordance with Title IV; (c) the control systems established under Titles V and VI, in particular: (i) the control requirements, supervision and audit procedures, (ii) the criteria for approval of control bodies for the purposes of Article 27, (iii) the specific criteria for delegation of tasks to the control bodies referred to in point (ii), (iv) the form of the documentary evidence, (v) the criteria to be applied as regards the recognition of third countries for the purposes of Article 33(2) and as regards the recognition of control authorities and control bodies for the purposes of Article 32(2) and Article 33(3), (vi) the criteria to be applied as regards the withdrawal of approval or recognition and of documentary evidence, including the cases for which the Commission may act as a matter of urgency in accordance with the second paragraph of Article 38g. (vii) the criteria to be applied as regards the identification and publicising of an undertaking submitted to the control system, (viii) the rules to be applied for placing products from third countries on the Union market as organic; (d) the free movement of organic products. 2. In order to take account of the technical development and the specificities of the sector, the Commission may, by means of delegated acts and subject to the objectives and principles laid down in Title II, adopt rules necessary for the application of this Regulation for the following: (a) the authorisation, limitation, restriction or prohibition of specific techniques for the purposes of Articles 12 to 16, 18, 19 and 20 and the conditions and limits as regards use of substances and products and their withdrawal, in particular the application method, the dosage, the time limits for use and the contact with agricultural products; (b) the specific production rules for yeast; (c) the granting of exceptions from production rules and specific conditions for the application of those exceptions for the purposes of Article 22; (d) the transitional measures to facilitate the transition from the rules established by Regulation (EEC) No 2092/91 to this Regulation; (e) the adaptation of the list of terms set out in the Annex. 3. In order to ensure transparency by fast, efficient, accurate and cost effective exchange of information, the Commission shall by means of delegated acts define: (a) the nature and type of information to be notified; (b) the methods of notification of the information; (c) the rules related to the access rights to the information or information systems made available; (d) the means of publication of the information. Article 38b Implementing powers 1. The Commission shall, by means of implementing acts, in accordance with the examination procedure referred to in Article 38g(2), adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating to the following: [Am. 10] (a) details and specifications regarding the content, form and way of notification, submission and exchange of information required in the framework of this Regulation: (i) from the operators, in particular with regard to the information included in the submission and notification referred to in Article 28(1) and Article 29(1), (ii) from or between the control bodies, control authorities, competent authorities of the Member States, third countries and the Commission, in particular in accordance with Articles 22, 30 to 33, 35 and 36; (b) conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the operators, the competent authorities, control authorities and control bodies and to the Member States or third countries the information referred to in point (a) and the lists of third countries or control authorities and control bodies designated pursuant to Article 27 or recognised pursuant to Articles 32 and 33; (c) the methods and conditions to be taken into account as regards the electronic certification, in particular for the certificates referred to in Article 29 and Article 33(1) (d); (d) the attribution of code numbers to control bodies and control authorities and the indication of the place where the agricultural raw materials have been farmed in accordance with Article 24; (e) the specific criteria as regards the presentation, composition and size of the indications referred to in Article 24(1)(a) and (c); (f) the recognition and withdrawal of third countries and control authorities and control bodies for the purposes of Article 32(2) and Article 33(2) and (3). 1a. On duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in Title II, III and IV or whose control measures are no longer of equivalent effectiveness to those laid down in Title V, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3). [Am. 11] Article 38c Commission powers Where powers are conferred upon the Commission, it shall act in accordance with the procedure referred to in Article 38d in the case of delegated acts and in accordance with the procedure referred to in Article 38g in the case of implementing acts, save where explicitly provided otherwise in this Regulation. Article 38d Exercise of the delegation 1. The powers power to adopt the delegated acts referred to in this Regulation shall be is conferred on the Commission for an indeterminate period of time. subject to the conditions laid down in this Article . 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. The power to adopt delegated acts referred to in Article 9(4), Article 11, Article 16(1), points (a) and (c) of Article 16(3), Article 21(2), Article 22(1), Article 23(6), Article 26, point (b) of Article 27(7), Article 32(2) and Article 33(2) and (3) shall be conferred on the Commission for a period of five years from … (5) . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 38e and 38f . The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3b. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 12] "Article 38e Revocation of the delegation 1. The delegation of power referred to in Article 38a and 38d may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. 3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union." [Am. 13] "Article 38f Objections to delegated acts 1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act." [Am. 14] Article 38g Implementing acts – Committee of organic production 1. Where implementing acts are adopted pursuant to this Regulation, the Commission shall be assisted by the Committee on organic production. and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council) shall apply. " That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council, of 16 February 2011, laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (6). 2. In the cases of urgency provided for in Article 32(2) and Article 33(2) and (3) of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply. " Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. [Am. 15]