M COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 558 final 
Brussels, 12 November 1993 
f^m,-Proposal for a 
COUNCIL REGULATION (EEC) 
amending Régulât Ion(EEC) N*2092/91 on organic 
production of agricultural products and Indications rmfmrn^ *K * 
on agricultural products and foodstuffs na,cai,ons r«f^rlng thereto 
taV, 1 
(presented by the Commission) 
i&' 
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EXP Ianatorv Memorandum 
1. Regulation (EEC) N*2092/91, as amended by Regulation (EEC) 
N*2083/92, sets up a harmonised framework for the labelling, 
production and inspection of agricultural foodstuffs bearing, or 
intended to bear, indications referring to organic production 
methods. 
The current proposal alms to amend a number of provisions of this 
Regulation 
a) What are the objectives of the act Ion envisaged in this proposal In 
connection with the obligation the Community has ? 
Council Regulation (EEC) N* 2092/91 provides for certain 
transitional provisions expiring on 1.07.1994 and certain 
provisions subject to review by 1.7.1994 (see points 2 and 3 of 
this memorandum). In this context the Commission has reviewed the 
main provisions of the Regulation In consultation with Member 
States and Industry. Where the review showed that amendments were 
necessary or appropriate to Improve the implementation of the 
Regulation, the Commission introduced appropriate proposals for 
such amendments. 
b) Does the action envisaged fall within the exclusive competence of 
the Community or Is It a competence shared with the Member States ? 
Council Regulation (EEC) N' 2092/91 already regulates on the basis 
of Article 43 of the Treaty, the product Ion standards, labelling 
requirements and Inspection arrangements, for products placed on 
the market with a labelling referring to the organic production 
method. The present proposal amends, precises or completes the 
provisions of Regulation (EEC) N' 2092/91, and therefore this 
action fa/Is within the exclusive competence of the Community. 
c) Is a uniform regulation necessary or would a directive giving 
general objectives be sufficient in the case that the execution 
would be done by Member States ? 
The main objectives of Regulation (EEC) N' 2092/91 are to 
- to establish conditions of fair competition between the 
producers in the Community of organically produced products; 
to improve the credibility of such products in the eyes of 
consumers; 
to ensure free circulation of such products through the 
Community 
to promote in this way an agricultural activity which may 
contribute to a better balance betweeen supply and demand of 
agricultural products and to the environment. 
To ensure these objectives being satisfied, obligatory production 
standards and labelling rules are necessary with sufficient 
precision, leaving however, where possible, flexibility for 
implementation by operators. With regard to the setting up of the 
inspection the same principles must apply in all the Member States. 
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d) What modalities for action are at the disposal of the Community 
(recommandation, financial aid, regulation, mutual recognition). 
For the reasons mentioned above a regulatory action is necessary; 
also the possibility for financial aid under certain conditions has 
been provided for in the framework of Regulation (EEC) N* 2078/92. 
2. Article 5 (5) of Regulation (EEC) n' 2092/91 provides that during a 
transitional period expiring on 1 July 1994, products may be 
labelled as organically produced even during the conversion period 
if certain conditions are satisfied. From the consultations that 
the Commission has had with the experts of Member States and the 
industries concerned, it appeared that there is a large concensus 
to maintain after 1 July 1994 the possibility for a specific 
labelling of products obtained during the conversion period. 
Effectively, during the conversion period set at 2 full years 
before the first harvest, the producer is fully subject to the 
production standards of the Regulation, in particular the severe 
restrictions with regard to the use of fertilisers and plant 
protection products. In the absence of specific labelling 
provisions, he would not be able to valorise such products in the 
market. From the above mentioned consultations it appears also 
that in general the provisions relating to the duration of the 
conversion period as set out in Annex I of the Regulation may be 
maintained. 
The Commission, therefore, proposes to transform Article 5 (4) 
into a permanent provision. To avoid discontinuity of specific 
labelling of products produced during the conversion period the 
proposal should be adopted by the Council before the 1st July 1994. 
This amendment has been proposed in Article 1(10) of the present 
proposa I. 
3. The provisions of Article 5 (9), Article 10 (7) and Article 11 (6) 
of Regulation (EEC) N*2092/91, as amended by Regulation (EEC) n' 
2083/92, provide that the Commission would review by 1 July 1994 
the provisions concerning the labelling of organically produced 
products (article 5), the use of Community inspection indication 
(article 10) as well as the import regime for products from third 
countries (article 11). 
Since the adoption of the Regulation in July 1991 and in particular 
since the entry into force of its provisions in Articles 5, 8(1) 
and 11 (1) in January 1993, it has appeared that the above 
mentioned provisions as well as some other provisions required a 
number of technical improvements for their proper implementation by 
farmers and the food industry. 
In particular, it has appeared from the above mentioned 
consultations: 
(a) that the provisions of Article 5 (6) with regard to labelling 
of processed products which contain less than 95 % of organically 
produced agricultural ingredients are too restrictive. They in 
fact make the marketing of an important category of products which 
cannot comply with the 95 % level, impossible due to the fact that 
certain ingredients of agricultural origin are not produced at all 
(exotic products) or not in sufficient quantities in the Community 
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according to the organic production method. The current provisions 
of Article 5 (6) limit any indications referring to the organic 
production method to the list of ingredients. The proposal 
therefore provides, in relation to processed products v.i.ich contain 
more than 70 per cent ingredients of agricultural origin for a 
specific statement permitting the total percentage of the 
organically produced ingredients of agricultural origin to be 
declared. This amendment has been introduced in Article 5(6)(b) 
Article 1(11) of the present proposal . At the same time paragraphs 
8 to 14 of Article 1 of the present proposal aim to clarify the 
current provisions of Article 5 without introducing substantial 
amendments. 
(b) that whilst a specific EEC indication referring to the EEC 
regime (Annex V to regulation (EEC) n* 2092/91) should be 
maintained as an option for operators, the use of this indication, 
however, should be restricted to situations which are fully covered 
by the inspection regime, i.e. direct sales from the producer to 
the consumer and products placed on the market as prepared 
foodstuffs (see Article 1(22) of the present proposal). 
(c) that there is an urgent need for clear provisions with regard 
to the origin of the reproductive material to be used in organic 
farming. The proposal provides for the principle that reproductive 
material should be obtained from organically grown plants, but at 
the same time provides for flexible transitional arrangements 
permitting the use of conventional reproductive material in cases 
where such material obtained from organic production is not 
available (see Article 1(15) and (16) of the present proposal). 
(d) that there is a need to maintain the parallel functioning of 
the arrangements for this evaluation of equivalency in third 
countries by the Commission (covered by Article 11(2) of Regulation 
(EEC) n* 2092/91) and by the Member States (covered by Article 
11(6), created by Council Regulation (EEC) n' 2083/92). The 
procedure of Article 11(6) has been shown to be very effective, in 
particular for the evaluation of the equivalency for small scale 
production projects in third countries, whose produce is imported 
into the Community by one or a very limited number of importers. 
The Commission feels that this procedure should be maintained and 
the present proposal, in Article 1(26), provides for an improvement 
of the parallel functioning of the two evaluation procedures. 
(e) that for a number of provisions the current text needs to be 
clarified. Therefore the proposal (see paragraphs 2 to 6, 14, 17 
to 20, 22 to 24 of Article 1) contains redrafted provisions for 
certain parts of Articles 4, 6, 7, 9, 10 and 11. 
4. In line with the provisions provided for in Regulation (EEC) 
n' 2081/92 of 14 July 1992 on the protection of geographical 
indications of origin for agriculutural products and foodstuffs, 
and Regulation (EEC) n' 2082/92 of 14 July 1992 on certificates of 
specific character for agricultural products and foodstuffs, which 
provide for similar inspection arrangements as Regulation 
(EEC) 2092/91, the current proposal provides : 
that the private inspection bodies approved by Member States 
satisfy the Standard EN45011 of 26 June 1989 by 1 January 1998 
(see Article 1(21) of the present proposal); 
the possibility for the Commission to develop a Community 
symbol which would replace or complete the indication "Organic 
Farming - EEC Inspection System" provided for in Annex V of 
Regulation (EEC) N*2092/91 (see Article 1(28) of the present 
proposa I); 
a mandate to the Commission to adopt detailed rules for 
applying the Regulation, where necessary (see Article 1(27) of 
the present proposal). 
5. The Commission feels that the current review covers conclusions 
from only a very short period of implementation of the labelling 
provisions. Therefore a further review of these provisions should 
be envisaged after a longer period of implementation. The proposal 
provides for such review by 30 June 1999, 5 years after the 
envisaged date of adoption of this proposal by Council (see Article 
1(13) of the present proposal). 
6. Since adoption by the Council of Regulation (EEC) N' 2092/91, which 
was restricted in a first phase to unprocessed agricutural crop 
products and processed foodstuffs essentially composed of 
ingredients of plant origin, the Commission has concentrated on the 
proper management of the regime. As explained above, this short 
experience has shown that a number of provisions need to be 
clarified or improved now to permit proper implementation. In this 
new field of regulation, it is expected that further improvements 
may become necessary in the light of longer experience. 
In this situation, it appeared premature to extent at this stage 
the scope of this Regulation to animal products, given also the 
greater complexity of the issues involved. The Commission has 
therefore given priority to the development of the present proposal 
which aims primarily to improve the functioning of the current 
regime. 
Although preparative technical work to develop the standards and 
specific inspection rules for animal products is in hand, the 
Commission considers it would be prudent to delay finalisation of a 
proposal on animal products to the more realistic date of 30 June 
1995 (see Article 1(1) of the present proposal). 
7. The proposal is unlikely to have a negative impact on business, 
including SME. 
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Proposal for a 
COUNCIL REGULATION (EEC) 
amending Régulât ion (EEC)N*2092/91 . on organic 
production of agricultural products and indications referring thereto 
on agricultural products and foodstuffs 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas the Commission has received a particular mandate in the 
framework of Regulation (EEC) n' 2092/91 to review a number of 
provisions of that Regulation by 1 July 1994 and to submit any 
apropriate proposals for revision of this Regulation, if any; 
Whereas it has appeared that the provisions, expiring on 1 July 1994, 
concerning the labeling of agricultural products and foodstuffs 
containing an ingredient of agricultural origin, which was produced by 
producers in conversion from conventional farming to organic farming, 
should be prolonged in order to permit these producers to valorise the 
supplementary cost of their production by an appropriate labeling of 
their products; 
Whereas the review of Articles 5, 10 and 11 requested by Council by 1 
July 1994 has shown that a number of technical and drafting amendments 
in these articles as well in certain other provisions are necessary to 
ensure a proper management and implementation of the Regulation; 
whereas therefore priority has been given to the development of these 
amended rules and that consequently the development of the rules 
concerning animal production should be delayed for a limited period; 
Whereas it has appeared from the review that the provisions concerning 
the labeling of foodstuffs prepared only partly from ingredients of 
agricultural origin which were produced according to the organic 
production method, should be improved in order to permit a better 
highlighting of the organically produced component in such foodstuffs; 
Whereas it has further appeared that the indication provided for in 
Annex V should be maintained optional, but should also be restricted, 
in order to prevent abuse of this indication, to direct sales in closed 
packaging from the producer to the consumer and to other sales only in 
prepackaged foodstuffs-, 
Whereas it has also appeared that reproductive material should be 
obtained from organically grown plants but that a derogation regime is 
required in order to permit producers to use, during a transitional 
period, conventionally produced propagating material, where no 
appropriate organically produced reproductive material is available; 
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Whereas it has appeared that a number of products which were used 
before the adoption of Regulation (EEC) N' 2092/91 in accordance with 
the codes of practice of organic farming followed in the Community, 
have not been included in Annex 11 of the Regulation; whereas the use 
of such products should be permitted as far as their use is also 
permitted in conventional agriculture; 
Whereas It has appeared appropriate to clarify in the text of the 
Regulation that the inspection system provided for applies also to 
Importers from third countries; 
HAS ADOPTED THE FOLLOWING REGULATION 
Article 1 
Regulation (EEC) N* 2092/91 is amended as follows: 
1. In Article 1 (2) the date of 1 July 1992 is replaced by 30 June 
1995. 
2. Article 4 (2) is amended as follows: 
"2. 'production' shall mean the operations involved in producing, 
packaging and labeling of agricultural products in the state in 
which they are normally marketed from the farm*,". 
3. Article 4 (3) is amended as follows: 
"3. 'preparation' shall mean the operations of preserving and/or 
processing of agricultural products, as well as the packaging 
and or labelling of the preserved and/or processed products;". 
4. Article 4 (6) is amended as follows: 
"6. 'ingredients' shall mean the substances, including additives, 
used in the preparation of the products specified in Article 
1(1)(b), as defined in Article 6 (4) of Directive 79/112/EEC on 
the approximation of the laws of the Member States relating to 
the labeling, presentation and advertising of foodstuffs;". 
5. The following paragraphs are introduced in Article 4 after 
paragraph 8 of this article: 
"9. 'prepacked foodstuff shall mean any single item as defined in 
Article 1(3)(b) of Directive 79/112/EEC. 
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10. 'list of ingredients' shall mean the list of ingredients 
referred to in Article 6 of Directive 79/112/EEC." 
6. In Article 2, Article 5 (1) (b), Article 9 (9)(a), Article 11 (1) 
(b), Article 11 (2) (a), the words " Articles 6 and 7" are replaced 
by "Article 6". 
7. The text of Article 5 (2) is deleted. 
8. Article 5 (3) is replaced by the following: 
"3. The labeling and advertising of a product specified in Article 
1 (1Mb) may bear, in the sales description of the product, 
indications referring to organic production methods only where: 
(a) at least 95% of the ingredients of agricultural origin of 
the product are, or are derived from, products obtained in 
accordance with the rules laid down in Article 6 or 
imported from third countries under the arrangements laid 
down in Article 11 ; 
(b) all the other ingredients of agricultural origin of the 
product are included in annex VI, section C; 
(c) these indications clarify that they concern a method of 
agricultural production and are accompanied by a reference 
to the ingredients of agricultural origin concerned, unless 
such reference is clearly given in the list of ingredients; 
(d) the product contains only substances listed in Annex VI, 
Section A, as ingredients of non-agricultural origin; 
(e) the product or its ingredients of agricultural 
origin,referred to in subparagraph (a), have not been 
subjected to treatments involving the use of substances not 
listed in Annex VI, section B; 
(f) the product or its ingredients have not been subjected, to 
treatments involving the use of ionizing radiation; 
(g) the product was prepared or imported by an operator who is 
subject to the inspection measures laid down in Articles 8 
and 9." 
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9. Article 5 (4) is replaced by the following: 
"4. Ingredients of agricultural origin may be included in Annex VI, 
section C only where it has been shown that such ingredients: 
are of agricultural origin and are not produced in the 
Community in accordance with the rules laid down in Article 
6, or 
are of agricultural origin and are not produced in 
sufficient quantity in the Community in accordance with the 
rules laid down in Article 6." 
10. Article 5 (5) is replaced by the following: 
"5. Products labelled or advertised in accordance with paragraphs 1 
or 3 may bear indications referring to conversion to organic 
production methods, provided that: 
(a) the requirements referred to in paragraph 1 or paragraph 3 
respectively are fully satisfied, with the exception of 
that concerning the length of the conversion period 
referred to in paragraph 1 of Annex I; 
(b) a conversion period of at least 12 months before the 
harvest has been complied with; 
(c) such indications do not mislead the purchaser of the 
product regarding its difference from products which 
satisfy all the requirements of paragraphs 1 or 3; they 
appear in a colour, size and style of lettering which is 
not more prominent than the sales description of the 
product ; 
(d) the product contains only one ingredient of agricultural 
origin." 
11. Article 5 (6) is replaced by the following: 
"6. Without prejudice to the provisions in paragraph 3, the 
labelling and advertising of a product as referred to in 
Article 1 (1)(b) may only bear indications referring to organic 
production methods where: 
(a) at least 50% of the ingredients of agricultural origin are, 
or are derived from, products obtained in accordance with 
the rules laid down in Article 6 or imported from third 
countries under the arrangements laid down in Article 11; 
(b) the indications referring to organic production methods 
appear in the list of ingredients and only in clear 
relation to those ingredients obtained according to the 
rules laid down in Article 6; they appear in the same 
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colour and with an identical size and style of lettering as the other 
indications in the list of ingredients. Moreover such indications may 
appear in a separate statement, mentioning the names of the ingredients 
concerned and their total proportion in the product, only where this 
proportion Is higher than 70%. The statement may only appear in a 
colour, size and style of lettering which is not more prominent than 
the sales description of the product. 
(c) the product contains only substances listed in Annex VI, 
section A as ingredients of non-agricultural origin; 
(d) the product or its ingredients of agricultural origin 
referred to in subparagraph (a) have not been subjected to 
treatments involving the use of substances not listed in 
Annex VI, section B; 
(e) the product or its ingredients have not been subjected to 
treatments involving the use of ionizing radiation; 
(f) the product was prepared or imported by an operator who is 
subject to the inspection measures laid down in Articles 8 
and 9; 
12. The first subparagraph of Article 5 (8) is amended as follows: 
"Limitative lists of the substances and products referred to in 
paragraphs 3 (b), (d) and (e) and 6(c) and (d) shall be 
established in Annex VI, sections A, B and C, according to the 
procedure laid down in Article 14." 
13. Article 5 (9) is replaced and completed by the following: 
"9. For the calculation of the percentages referred to in 
paragraphs 2 and 6, the rules provided for in Articles 6 and 7 
of Directive 79/112/EEC shall be applied. 
10. In a product as referred to in Article 1(1), an ingredient 
obtained according to the rules laid down in Article 6 shall 
not be present together with the same ingredient not obtained 
according to these rules." 
11. Before 1 July 1999, the Commission shall review the provisions 
of this Article and of Article 10 and submit any appropriate 
proposals for a revision thereof, if any". 
14. The first sentence of Article 6 (1) (b) is amended as follows: 
Only products composed of substances listed in Annexes I and II 
may be used as plant-protection products, detergents, 
fertilisers, soil conditioners or for another purpose where 
such purpose is specified in Annex II in regard to certain 
substances." 
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15. After subparagraph b of Article 6 (1), the following subparagraph 
is inserted: 
"(c) only seed or vegetative reproductive material is used, 
which has been obtained from plants which were grown 
according to the provisions of subparagraphs (a) and (b) 
for at least one generation or, in case of perennial crops, 
two growing seasons, whichever is the shortest." 
16. Article 6 (2) is amended as follows: 
2. (a) By derogation of paragraph 1 (c), seeds and vegetative 
reproductive material not obtained according to the 
provisions of paragraph 1, may, during a transitional 
period expiring on 31 December 1996, be used to the extent 
that a Member State has authorised such reproductive 
materials being used on its territory for certain species 
or certain varieties for the reason that appropriate 
reproductive material produced according to the rules laid 
down in Article 6(1) is not available on the market in 
sufficient quantities. 
(b) According to the procedure of Article 14 may be decided: 
the introduction, before 31 December 1996, of restrictions 
to the transitional measure referred to in subparagraph (a) 
with regard to certain species and/or types of reproductive 
mater ial; 
the maintenance, after 31 December 1996, of the derogation 
provided for in subparagraph (a) with regard to certain 
species and/or types of reproductive material and with 
regard to the whole Community or certain parts thereof; 
the introduction of procedural rules and criteria 
concerning the authorisations granted by Member States and 
the information thereon communicated to the other Member 
States and the Commission. 
17. The following subparagraph is introduced after paragraph 1 of 
Article 7: 
"1a. The conditions provided for in paragraph 1 do not apply to 
products which were in common use before the adoption of 
this Regulation according to the Codes of practice on 
organic farming followed In the Community or relevant parts 
thereof." 
18. In Article 9 (1), the words "operators producing or preparing 
products as referred to in Article 1" are replaced by the words 
"operators producing, preparing or importing from third countries 
products as referred to in Article 1." 
19. In Article 9 (5) (b), the word, "irregularities" is replaced by 
"Irregularities and infringements". 
\ - 12 -
20. In Article 9 (6) (c), the word, "Infringements" is replaced by 
"irregularities and infringements". 
21. After Article 9 (10), the following paragraph is inserted: 
"11. Without prejudice to the provisions of paragraphs 5 and 6, 
Member States shall ensure that from the 1st January 1998 
only private inspection bodies satisfying the conditions of 
Standard EN 45011 of 26 June 1989 are approved for the 
purposes of this Article." 
22. Article 10 (1) is amended as follows: 
"1. The indication that products are covered by the specific 
inspection scheme, shown in Annex V, may appear on the 
labelling of products as referred to in Article 1 only where 
such products: 
(a) satisfy fully the requirements of Article 5 (1) or (3); 
(b) have been subject to the inspection arrangements referred 
to in Article 9 (3) throughout the whole production and 
preparation process; 
(c) are sold directly from the producer to the consumer, or are 
placed on the market as prepacked foodstuffs; 
(d) show on the labelling the name or mark of the inspection 
body, and any indication required according to the 
provisions of Directive 79/112/EEC. 
23. Paragraphs 5, 6 and 7 of Article 10 are replaced by the following: 
"Article 10a - General enforcement measures 
1. Whereas Member State finds, in a product coming from another 
Member State and bearing any indication referred to in Article 
2 and/or Annex V, irregularities or infringements in the 
application of this Regulation, it shall inform thereof the 
Member State which approved the inspection body and the 
Commission. 
2. Member States shall take whatever measures and action are 
required to prevent fraudulent use of the indications referred 
to Article 2 and/or Annex V, in particular when they are 
repeatedly informed of infringements accomplished by the same 
operator." 
24. In article H(3)(a) the words "inspection authorities" are replaced 
by "inspection body and/or inspection authority". 
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25. In Article 11(6)(a) the wording "until 31 July 1995" is deleted. 
26. In article 11(6)(a) the last sentence "It shall expire from the 
time of inclusion of a third country in the list referred to in 
paragraph 1 (a)" is replaced by the following: 
"It shall expire from the time of the decision to include a 
third country in the list referred to in paragraph 1 (a), 
unless it concerns a product which was produced in a region or 
a production unit or under the inspection of an inspection body 
not specified in the decision referred to in paragraph 1(a), 
and was not examined in the framework of the request presented 
by the third country." 
27. In article 13, the following hyphen is inserted before the first 
hyphen : 
"detailed rules for applying this Regulation;" 
28. In article 13, the last hyphen is replaced by the following : 
"- amendments to Annex V in order to define a Community symbol 
to be used in connection or in replacement of the 
indication that products are covered by the inspection 
scheme." 
Article 2 
This Regulation shall enter into force 7 days fron the date of its 
publication in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirity and directly 
applicable in all Member States. 
- AU _ ISSN0254-1475 
COM (93) 558 final 
DOCUMENTS 
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Catalogue number : CB-CO-93-596-EN-C 
ISBN 92-77-60801-3 
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