WRITTEN QUESTION P-1617/98

by Edith Müller (V) to the Commission

(11 May 1998)

Subject: Organic agriculture in Asturias

In Written Question E-3452/97(1) to the Commission we complained about the delayed application in Asturias of Regulation (EEC) 2092/91(2) on organic agricultural production and indications referring thereto on agricultural products and foodstuffs, in particular the delay in:

- appointing to the Council of Organic Production of Agricultural Products of the Principality of Asturias representatives of consumer organizations, the Regional Agriculture Department, the Social Services Department and a secretary;

- adopting the rules of procedure of this Council.

As a result pending applications for the authorization of organic farms have been held up for three years.

In its answer to the question the Commission ensured us that it would ask the Spanish Government for more information on the subject, and that if this information revealed that the obligations under Regulation No 2092/91 had not been satisfactorily complied with, the Commission could consider initiating infringement proceedings against the Spanish authorities.

Can the Commission say what progress has been made in its representations to the Spanish Government on this matter? Has the Commission taken steps to remove the obstacles to the implementation of Regulation No 2092/91 in Asturias? If the situation remains the same as it was when it first answered the above-mentioned question, does the Commission not consider that it should finally initiate infringement proceedings?

Answer given by Mr Fischler on behalf of the Commission

(22 June 1998)

In accordance with its answer to the Honourable Member's written question E-3452/97, the Commission requested from the Spanish government detailed information on the issues raised.

Following this request the Commission received detailed information about the implementation of Council Regulation (EEC) 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs in Asturias, and in particular, a report from the department of agriculture of the Principality of Asturias "Consejería de Agricultura del Principado de Asturias" (competent authority in the Principality of Asturias), as well as a report from the Spanish ministry of agriculture and fisheries and food.

The information included in the reports (and summarised below) confirms what the Commission said in its answer to written question E-3452/97.

At the time that Regulation (EEC) 2092/91 was adopted and implemented, the national regulating board (Consejo Regulador de la Denominación Genérica "Agricultura Ecológica") was designated by the Spanish government for carrying out, at national level, the inspections according to the provisions of the Regulation. This means that, in Asturias, Regulation (EEC) 2092/91 was effectively applied by the authority at national level, until the regional government (Principality of Asturias) took over the competence of inspection in April 1996. The competence with regard to organic farming was regulated by Decreto 67/96 establishing the board for the organic production in the Principality of Asturias (Consejo de la Producción Agraria Ecológica del Principado de Asturias). This board is composed of representatives of organic farmers, organic processors and officials from the department of agriculture of the government of Asturias.

The inspection of operators in Asturias is carried out by officials of the department of agriculture, which is the competent authority designated by the government of Asturias. It appears that the delay in the adoption of the internal regulation of the board for the organic production in the Principality of Asturias does not interfere with the implementation of the inspection system. It appears also that the inspection system has been carried out, without any interruption, according to the provisions laid down in Regulation (EEC) 2092/91 (in particular Annex III), not only with regard to the former operators but also to the new operators.

As for the concerns expressed about the non-authorisation of 25 holdings, the information submitted to the Commission indicates that the requests and documentation submitted by the operators have been analysed and an inspection visit has been carried out. On this first examination, only 13 holdings maintained their request for inclusion in the registers of organic operators of whom 3 were included in the registers, 1 cancelled his request, 1 had his request rejected due to non-compliance with the requirements of Annex I of Regulation (EEC) 2092/91, 3 have to give more information and pay the inspection expenses and 5 have to pay the inspection expenses.

On the basis of the information submitted, the Commission concludes that, with regard to the issue raised by the Honourable Member, there is no evidence for non-compliance by the Spanish authorities with the provisions of Regulation (EEC) 2092/91.

(1) OJ C 158, 25.5.1998, p. 116.

(2) OJ L 198, 22.7.1991, p. 1.