WRITTEN QUESTION E-3452/97 by Edith Müller (V) to the Commission (31 October 1997)

Subject: Ecological agriculture in Asturias

- Regulation (EEC) No 2092/92 ((OJ L 198, 22.7.1991, p.1. )) of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs lays down a time-limit of nine months for the Member States to set up monitoring and authorization schemes for organic farming.

- One and half years after the deadline set by the EU, on 22 October 1993, the Ministry of Agriculture, Fisheries and Food published Royal Decree 1852/1993, which stipulates (Article 5) that it is for the competent bodies of the Autonomous Communities to appoint a competent authority and monitoring authorities and, where appropriate, to authorize and supervise private monitoring bodies.

- Only three years later (Decree 67/96 published on 13 November 1996), the Agriculture Department of the Principality of Asturias laid down the relevant provisions relating to Regulation (EEC) No 2092/91 and Royal Decree 1852/1993, appointing the Agriculture Department as the competent authority in the Principality of Asturias and setting up the Council of Organic Production of Agricultural Products of the Principality of Asturias, with a wide range of powers including those relating to the promotion and marketing of organic farming products and instruments relating to monitoring, support, production and assessment in the area of organic farming.

- The Agriculture Department of Asturias has not yet appointed the representatives of the consumers' associations, the department itself and the social services department, or a secretariat, and this has made it impossible for the Council to take any action and has meant that more than 25 new requests for approval lodged by organic farms cannot be dealt with, with the result that the development of this type of agriculture, which has a great potential for growth and job creation, as has already been seen in most European countries and in other Spanish autonomous communities, has been slowed down.

- The Agriculture Department of the Principality of Asturias has not yet adopted the regulation on the operation of the Council, even though producers submitted a proposal several months ago.

Can the Commission say what steps it will take to ask the Spanish authorities responsible to remove the impasse affecting the authorization of organic farms in Asturias? Will the Commission open infringement proceedings against the Kingdom of Spain and the Principality of Asturias for failure to comply with regulation (EEC) No 2092/91 pursuant to Article 169 of the Treaty on European Union?

Answer given by Mr Fischler on behalf of the Commission (18 December 1997)

An order of 4 October 1989 was adopted by the ministry of Agriculture, fisheries and food in Spain to establish the regulating board of the generic denomination 'Agricultura ecológica' to control organic production. This organism was defined as a national authority. The regulating board depended on the above mentioned ministry and applied its own national standards.

When Regulation (EEC) No 2092/91 on organic productions of agricultural products and indications referring thereto on agricultural products and foodstuffs was adopted and implemented, the national regulating board was designed by the Spanish government to inspect at national level according to the provisions of the Regulation. This means, that in Asturias the Regulation was effectively applied by this national authority until the regional Government (Principality of Asturias) took over the competence of inspection in April 1996.

In 1993 the Spanish government initiated a process of regionalisation. The regional governments started to apply Regulation (EEC) No 2092/91 progressively and the national regulating board assured the implementation of the Regulation until the end of the regionalisation process by following the provisions laid down in the order of the ministry of agriculture fisheries and food of 28 December 1993.

According to the information available to the Commission Regulation (EEC) No 2092/91 has been implemented in Asturias since 1992. The lists of operators in Asturias indicate that there were fifteen operators under inspection in 1995 and sixteen in 1996.

Concerning the complaint about delay in the implementation of Regulation (EEC) No 2092/91 in Asturias, the Commission will ask the Spanish government for more detailed information. If this information reveals that the obligations under the Regulation are not adequately satisfied, the infringement procedings may be considered.