Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) n° 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 1993-11-12
Institutions: European Commission
Subjects: agricultural product, foodstuff, free movement of goods, labelling, organic farming

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 558 final 

Brussels, 12 November  1993 

M 

f^m,-

Proposal  for a 

COUNCIL REGULATION  (EEC) 

amending  Régulât Ion(EEC) N*2092/91 on organic 

production  of  agricultural  products  and  Indications  rmfmrn^ 
on agricultural  products and foodstuffs 

*K  * 
n a , c a i , o ns  r«f^rlng  thereto 

taV, 1 

(presented by the Commission) 

i&' 

- 2 -

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 
Regulation 

this 

a)  What  are  the  objectives  of  the  act Ion  envisaged 

in  this  proposal 

In 

connection  with  the  obligation 

the  Community  has  ? 

provisions 

Regulation 

(EEC)  N* 

2092/91 
on 
expiring 
to  review  by  1.7.1994 
In  this  context 

Council 
transitional 
provisions  subject 
this  memorandum). 
main  provisions 
States  and  Industry.  Where  the  review  showed  that  amendments  were 
the 
necessary  or  appropriate 
Improve 
Regulation, 
for 
such  amendments. 

provides 
for 
certain 
certain 
and 
1.07.1994 
(see  points  2  and  3  of 
the 
In  consultation  with  Member 

the  Commission  introduced  appropriate 

implementation  of 
proposals 

the  Commission has  reviewed 

the  Regulation 

the 

to 

of 

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 
of  Article 
43  of 
requirements  and 
the  market  with 
method.  The  present  proposal  amends,  precises  or  completes 
provisions 
action 

regulates  on  the  basis 
labelling 
for  products  placed  on 
production 
the  organic 
the 
this 

(EEC)  N'  2092/91  already 
the  Treaty, 
Inspection  arrangements, 
a 

the  exclusive  competence of  the  Community. 

the  product Ion  standards, 

(EEC)  N'  2092/91, 

of  Regulation 

fa/Is  within 

therefore 

referring 

labelling 

and 

to 

c) 

necessary  or would  a  directive  giving 
Is  a  uniform 
general  objectives be sufficient  in the case  that  the execution 
would be done by Member States ? 

regulation 

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. 

-  3 -

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, 
consultations: 

it  has  appeared 

from  the  above  mentioned 

(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 

- 4 -

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 
arrangements  for  this  evaluation  of  equivalency  in  third 
the 
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 
composed  of 
products  and  processed 
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. 

foodstuffs  essentially 

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. 

- 6 -

Proposal  for a 
COUNCIL  REGULATION  (EEC) 

. on organic 
amending 
production  of  agricultural  products  and  indications  referring  thereto 
on agricultural products and foodstuffs 

Régulât ion (EEC)N*2092/91 

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; 

- 7  -

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. 

- 8 -

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  ( 1 M b)  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 

or 

product 

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; 

ingredients 

its 

of 

(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." 

-  g  -

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 

-  10 -

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: 

be  used 

Only  products  composed  of  substances  listed  in Annexes  I and  II 
may 
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." 

- 11 -

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". 

13 -

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 

EN 

03 

Catalogue number : CB-CO-93-596-EN-C 

ISBN 92-77-60801-3 

Office for Official Publications of the European Communities 
1^2985 Luxembourg