Amended proposal for a Council Regulation (EC) supplementing Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs to include livestock production
Date: 1998-01-09
Institutions: European Commission
Subjects: agricultural product, animal production, foodstuff, labelling, organic farming

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  09.01.1998 
COM(97)  747  final 

96/0205  (CNS) 

Amended  proposal  for  a 

COUNCIL  REGULATION  (EC) 

supplementing Regulation (EEC) No 2092/91 on organic production of agricultural 

products and indications referring thereto on agricultural products and foodstuffs  to 

include livestock  production 

(presented  by  the  Commission  pursuant  to  Article  189 a (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

At  its  sitting  of  14 May 1997,  the  European  Parliament  delivered  its  opinion  on  the 
Commission proposal contained in doc. COM(96) 366 final. 

The present amended proposal takes into account the amendments adopted by the European 
Parliament which the Commission could accept either as such or in principle (amendments 
5, 6, 8, 9, 10, 11, 16, 19, 21,22, 26, 27, 30, 34, 47, 48,49, 55, 56, 60, 62, 64, 66, 67, 69, 71, 
72,  74, 82, 88, 93, 94, 97, 99, 101, 104, 124 and  125; and partially amendments 2, 3, 7, 24, 
28,  39, 42, 43, 44, 45, 50, 52, 53, 58, 59, 63, 68, 76, 81, 83, 84, 86, 87, 89, 91 and 92). For 
the  amendments  which  were  only  partially  accepted,  the present  proposal  takes  only  the 
relevant parts into account. 

In particular the Commission accepted amendments aiming for a general prohibition of the 
use  of  genetically  modified  organisms  and  products  derived  therefrom  in  the  production 
and  processing  of  organic  products.  Such  prohibition  was  in  line  with  the  views  the 
Commission received on this question from most of the Member States as well as from the 
directly concerned professional  organisations. This general prohibition has been introduced 
by points 6,13(2b) and (2c), 15(3b) and (3c), 16 and 18 of the proposal. 

Amendments 97 and 99 have been only accepted by the Commission to the extent that they 
bring the current provisions of Annex VI in line with the general prohibition  laid down in 
the Articles of the Regulation. Point 30 of the proposal follows up to this engagement. 

CO 

Amended proposal  for a 

COUNCIL REGULATION (EC) 

supplementing Regulation (EEC) No 2092/91 on organic production of agricultural 

products and indications referring thereto on agricultural products and foodstuffs  to 

include livestock production 

COM(96) 366 final of 26 July 1996 

In  response  to  the  opinion  delivered  by  the  European  Parliament  on  the  proposal  for  a 

Council Regulation supplementing Regulation (EEC) n° 2092/911 on organic production of 

agricultural  products  and  indications  referring  thereto  on  agricultural  products  and 

foodstuffs  to  include  livestock  production,  and  in  accordance  with  Article  189a(2)  of  the 

Treaty  establishing  the European  Community, the Commission  has decided  to  amend  the 

aforementioned proposal as follows: 

1.  Recital 2"  is replaced by the following: 

"Whereas  demand  for  organic  agricultural  products  is rising and  whereas  consumers 

are increasingly attracted by such products, as measured in terms of both quantity  and 

interest  for  the  widest  possible  range  of  high  quality  products  which  offer  credible 

guarantees  with  regard  to  the  environment  by  means  of  transparent  production 

methods." 

2.  Recital 6th is replaced by the following: 

"Whereas, in order to prevent  pollution  of water  by nitrogenous  compounds,  organic 

livestock holdings must have appropriate storage capacity  and plans for the  spreading 

of solid and liquid livestock  effluents  to ensure that the quality  of the environment  is 

maintained." 

1  OJN°L  198, 22.7.91, p. 36 

3.  The following new recital is added after recital 6  : 

"Whereas  pastoral  stockfarming  carried  out  in  accordance  with  the  rules  of  organic 

farming, is an activity particularly suited to maintaining and exploiting the potential of 

abandoned areas." 

4.  Recital 7th is replaced by the following: 

"Whereas the widest possible biological diversity should be encouraged and the choice 

of breeds must take account of their capacity to adapt to local conditions." 

5.  Recital 8  is replaced by the following: 

th 

"Whereas  the  livestock  must  be  fed  on  grass,  fodder  and  feedingstuffs  produced  in 

accordance with the rules of organic farming." 

6.  The following new recital is added after recital 8  : 

th 

"Whereas genetically modified  organisms (GMOs) and products derived therefrom  are 

not  compatible  with  the  organic  production  methods;  whereas,  in  order  to  maintain 

consumer  confidence  in  organic  production,  genetically  modified  organisms,  parts 

thereof  and products derived therefrom  must not be used in products  labelled  as  from 

organic production." 

7.  Recital 9th is replaced by the following: 

"Whereas, under the present circumstances, stockfarmers may experience  difficulty  in 

securing  supplies  of  food  for  organically  reared  livestock  and therefore  authorisation 

should  provisionally  be  granted  for  a  limited  number  of  non  organic  simple  and 

compound feeds to be used in small quantities." 

8.  Recital  10th is replaced by the following: 

"Whereas, in addition, in order to provide for the basic nutritional requirements of the 

livestock,  certain  feed  supplements  may  need  to  be  used  and  whereas  the  type  and 

conditions of utilisation of vitamins and certain minerals or organic substances should 

be specified." 

9.  Recital  11th is replaced by the following: 

"Whereas  animal-health  management  must  mainly  involve  prevention,  through  a 

suitable choice  of  the most  appropriate breeds and strains, whereas  naturally  disease-

resistant  breeds,  a  balanced  high-quality  diet  and  a  favourable  environment,  in 

particular as regards rearing density, livestock housing and animal husbandry; whereas 

particular  stress  must  be  placed  on  measures  to  prevent  or  minimise  the  risk  of 

transmitting pathogens to  livestock;  whereas in the case  of clinical  diseases,  however, 

the remedy most likely to effect  a cure must be administered." 

10.  Recital  16th is replaced by the following: 

"Whereas  violence  towards  livestock,  which  must  be  distinguished  from  specific 

interventions inherent in certain types of production, and the use of  certain  substances 

to  stimulate  growth  or modify  their  breeding  cycles  are  contrary  to  the  principles  of 

organic  farming  and  are  likely  to  affect  the  equilibrium  and  health  of  the  animals  as 

well as their behaviour." 

11.  Recital  19th is replaced by the following: 

"Whereas  all  operators  marketing  products  of  organically  reared  livestock  must  be 

subject  to  regular  and  uniform  inspections  of  methods  and  procedures  which  take 

account  of  the  production  conditions  peculiar  to  the  livestock  concerned;  whereas  a 

register  must  be  kept  accessible  at the  holding  and  updated  with  details  of  livestock 

arriving at and leaving the holding and any treatment administered." 

12.  Article  1(2) is replaced by the following: 

"2.  Article  1 (2) is replaced by the following: 

By derogation of Article  l(l)(b), where the detailed production rules are not laid 

down in Annex I of Regulation (EEC) n° 2092/91  for certain animal  species, the 

rules  provided  for  labelling  in  Article 5  and  for  the  inspections  in  Articles 8 

and 9  of  that  Regulation  shall  apply  pending  the  inclusion  of  these  detailed 

production rules. 

13.  The following  new paragraphs are added after Article  1 (2): 

"2a.  The introduction of Article 2 is replaced by the following: 

For  the  purposes  of  this  regulation  a  product  shall  be  regarded  as  bearing 

indications  referring  to  organic  production  methods,  where,  in  the  labelling, 

advertising  material  or commercial  documents,  such a product or its  ingredients 

are described by the  indications  in use  in each Member  State,  suggesting  to the 

purchaser  that  the  product  or  its  ingredients  have  been  obtained  in  accordance 

with the rules of production laid down in Article 6 and in particular the  following 

terms, or the usual  diminutives  unless  such terms are not applied to  agricultural 

products  in  foodstuffs  or  clearly  have  no  connection  with  the  method  of 

production." 

2b.  The following définitions are added at the end of Article 4: 

11)  Livestock  production:  shall  refer  to  all  aquatic  (in  fresh,  salt  or  brackish 

water)  and  terrestrial  livestock  production,  domestic  or  domesticated,  with 

the exclusion of the products of hunting and fishing. 

12)  Genetically  modified  organism (GMO) shall mean any organism  as  defined 

in  Article 2  of  Council  Directive  (EEC)  220/902  of  23 April  1990  on  the 

deliberate release into the environment of genetically modified  organisms. 

2c. 

In Article 5(3) the following  subparagraph is added after subparagraph (g): 

(h)  The  product  does  not  contain  genetically  modified  organisms  and/or  any 

products derived from such organisms." 

2  OJN°LU7,8.5.90,p. 15 

14.  Article  1(3) is replaced by the following: 

"Article 5(5)(b) is replaced by the following: 

(b) 

in  the  case  of  crop  production,  a conversion  period  piior  to  harvest  of  at  least 

12 months has elapsed." 

15.  The following  new paragraphs are added after Article 1(3): 

"3a.  Article 5(5)(d) is replaced by the following: 

(d)  the product contains only one crop ingredient of agricultural origin. 

3b. 

In Article 5(5) the following  subparagraph is added after subparagraph (e): 

(f) 

the  product  does  not  contain  genetically  modified  organisms  and/or  any 

products derived from such organisms. 

3c. 

In Article 5(5a) the following  subparagraph is added after subparagraph (h): 

(i) 

the  product  does  not  contain  genetically  modified  organisms  and/or  any 

products derived from such organisms." 

16.  The following  new paragraph is added after Article  1(4): 

"4a.  The following paragraph is added after Article 6(1 )(c): 

(d)  Genetically  modified  organisms  and products derived from such  organisms 

must not be used." 

17.  Article  1(5) is replaced by the following: 

"In Article 7(1 )(a),  the  words  "or for  cleaning  and disinfecting  of  livestock  buildings 

and installations" are added to the introductory phrase "if they are used for the purpose 

of plant pest or disease control." 

In the second indent, the words "the crop or crop products" are replaced by  "the ciop, 

crop products or livestock and livestock products." 

18.  Article 1(6) is replaced by the following: 

"The following paragraph is inserted after Article 7(1 a): 

lb.  For  animal  feed,  additional  products  may  be  included  on  the  list  of  animal 

feedingstuffs  not  produced  in  accordance  with the  rules  on  organic  production 

and  on  the  list  of  feed  supplements  in  Annex II  provided  the  following 

conditions are satisfied: 

(a)  where  conventional  animal  feeds  are  concerned,  they  must  be  essential  in 

ensuring a balanced diet for the livestock in line with its nutritional requirements 

and they must be unavailable in sufficient  quantity  in the Community  in a  form 

complying with the rules set out in Article 6; 

(b)  where feed supplements are concerned: 

- 

they  must  be  essential  for  the  specific  nutritional  requirements  of  the 

livestock; 

- 

they  must be of natural origin or failing  that, synthetic in the same  form  as 

natural products; 

- 

they  must  have  been  produced  without  the  use  of  genetically  modified 

organisms." 

19.  The following new paragraph is added after Article 1 (6): 

"6a. In Article 9, the following paragraph shall be added after paragraph  11 : 

12.  For livestock production Member States shall ensure, without prejudice to the 

provisions of Annex III, that the inspections relate to all stages of production, 

slaughter,  cutting,  any  processing  and  retail  outlets  up  to  the  sale  to  the 

consumer  to  ensure  the  traceability  of  livestock  products  through  the 

marketing  chain.  They  shall  inform  the  other  Member  States  and  the 

Commission, together with the report on supervision referred to in Article 15, 

on the measures taken and their follow up" 

20.  The following new paragraph is added after Article  l(7)a: 

"7b. The following new Article is added after Article 15: 

Article 15a 

In  respect  of  the  measures  set  out  in  this  regulation,  particularly  those  to  be 

implemented with a view to meeting the objectives  laid down in Article 9 and 11 

and  the technical  annexes  , the  necessary  appropriations  shall  be  set  aside  each 

year during the budgetary procedure." 

21.  Article  1(8) is replaced by the following: 

"Annexes I, II, III and VI are amended in accordance with the Annex hereto". 

22.  Article 2, first paragraph is replaced by the following: 

"This  regulation  shall  enter  into  force  12 months,  and  Annex I,  Section II  (6) 

36 months, after its publication in the Official  Journal of the European Communities." 

23.  Section 1, General principles, in the Annex, point 2, inserting part "II  - Livestock  and 

livestock products" is amended as follows: 

23.1  The following indent is introduced before the first indent: 

"Sections  1  to 6 of this part II of Annex I cover the following  species: bovine, 

(including  bubalus  and  Bison  species),  porcine  ovine,  caprine,  domestic 

solipeds and poultry." 

23.2  The second indent is replaced by the following: 

"To qualify  products as organically reared livestock, the products of which are 

intended for human consumption or for consumption by livestock  must be fed 

on crop and/or livestock products produced in accordance with the principles of 

organic production. It must be reared in accordance with the rules set out in this 

Annex, preferably using feed from the holding." 

23.3  The third indent is replaced by the following: 

"Livestock  production  must  ensure  the  equilibrium  of  agricultural  production 

systems by providing for the soil's organic matter and nutrient requirements. It 

can  thus  contribute  towards  establishing  and  maintaining  soil-plant,  plant-

animal and animal-soil interdependence. 

By  utilising  renewable  natural  resources  (livestock  excrements  and  effluents, 

legumes  and  fodder  crops), the mixed-cropping/stockfarming  systems  and  the 

pasturage systems allow soil fertility to be maintained and improved in the long 

term and permits the development of sustainable agriculture." 

23.4  The fifth indent is replaced by the following: 

"In the choice of breeds or strains account must be taken of production  needs 

and in particular the capacity of these animals to adapt to local conditions, their 

vitality and the resistance to disease, with preference to be given to indigenous 

breeds and strains." 

23.5  The sixth indent is replaced by the following: 

"The  animals'  living  environment  must  allow  them  sufficient  fresh  air  and 

appropriate freedom of movement depending on the behaviour peculiar to each 

species. Housing  must be well ventilated,  must  sufficiently  permit  daylight  to 

enter  and  must  afford  sufficient  comfort  for  the  livestock  in  line  with  the 

specific  character of the species, in particular through the provision  of suitable 

facilities  and  adequate  litter  or  bedding.  Specific  rules  on  maximum  rearing 

densities must be set for each species." 

23.6  The seventh indent is replaced by the following: 

"These principles covering choice of breeds or stocks, feedingstuffs  and  living 

environment  should  limit  animal-health  problems  so  they  can  be  controiied 

mainly  by prevention.  If,  despite  that,  an  animal  is  sick,  and  if  it  is  essential 

allopathic treatment may be used under veterinary supervision." 

23.7  The eighth indent is replaced by the following: 

"Organic  stockfarming  is  a  land-related  activity.  Except  where  authorised by 

way of exception, livestock must have access to exercise or free-range  area and 

the  number  of  animals  per  unit  of  area  must  be  limited  to  ensure  integrated 

management  of  livestock  and  crop  production  on  the  holding,  so  precluding 

any form of pollution, in particular of the soil and of surface  and ground water. 

The  number  of  livestock  must  be  closely  dependent  on  the  area  available  for 

spreading livestock  manure and on any other organic manure used  so that  any 

adverse effect  on the environment can be avoided. The total stocking density of 

the holding may not exceed two livestock units (LU) per hectare of agricultural 

area used. Where other organic manure is spread, the total stocking density will 

be reduced to avoid exceeding a total nitrogen input form manure equivalent to 

170 kg  N/ha/year  of  agricultural  area  used,  the  amount  provided  for  in 

Directive 91/676/EEC on nitrates. 

The coefficients  for converting the various categories of animals into  livestock 

units are set out in Annex VII. Where those stocking densities (or quantities of 

nitrogen  spread) are exceeded, a derogation  may be granted  by the  inspection 

authority or body on condition that the farmer can provide an effluent  spreading 

plan  utilising  additional  areas  available  on  other  holdings  locally  or  in  the 

region with which there is co-operation on a regular basis. Such areas must be 

the  subject  of  formal  undertakings  by  the  farmers  concerned  and  no  other 

livestock  effluents  may be spread thereon.  Where there  is a risk of  significant 

pollution, the inspection authority  or body  may  lay down  maximum  densities 

lower  than  2LU/ha  of  agricultural  area  used  in  order  to  safeguard  the 

environment." 

23.8  The tenth indent is replaced by the following: 

"In  organic  stockfarming  reproduction  should 

in  principle  be  natural. 

Nevertheless artificial  insemination is authorised. However, embryo transfers  is 

prohibited.  The  use  of  hormones  to  control  ovulation  are  prohibited,  except 

where veterinary treatment is administered to a individual animal. 

By  way  of  a  derogation,  after  informing  the  inspection  authority  or  body,  in 

sheep  or  goat  milking  production  the  synchronisation  of  oestrus  using  non 

injected  steroid substances may be used  for health reasons relating  to the rams 

or male goats, provided they are used during the normal breeding season of the 

breed concerned and only in compulsory treatments under relevant legislation/' 

23.9  The eleventh indent is replaced by the following: 

"Operations  such  as attaching  elastic bands to the tails of sheep, tail-docking, 

tooth-removal, castration, de-homing, trimming of beaks and wing-clipping  of 

queen bees must not be carried out systematically  in organic farming.  Some of 

these  operations  may,  however,  be  authorised  by  the  inspection  authority  or 

bodies  for  reasons  of  safety  or  if  they  are  intended  to  improve  the  health, 

hygiene  or  welfare  of  the  livestock.  Such  operation  must  be  carried  out  by 

qualified personnel in order to avoid any suffering  to the animals. 

In order to maintain the quality of products and traditional production practises 

(meat-type pigs, bullocks, capons etc..) castration is allowed." 

23.10  The twelfth  indent is replace by the following: 

"Transport of livestock must be carried out so as to limit the stress suffered  by 

the animals, in accordance with the rules in force; and must involve the shortest 

time possible. Loading and unloading must be carried out with caution and the 

use  of  allophatic  tranquillisers  during  the journey  is prohibited.  National  and 

Community  provisions on the subject must be observed in all circumstances." 

23.11  The thirteenth indent is replaced by: 

"During the period of leading up to and at the time of slaughter livestock  must 

be  handled  in  such  a  way  that  stress  is  reduced  to  a  minimum.  The  animais 

must be identified  and dealt with lots separate from other conventionally  reared 

animais,  Care  must  be taken  to  ensure  guarantees  of  tractability  of  livestock 

carcasses  and 

livestock  products  derived  from  slaughter,  cutting  and 

processing." 

10 

24.  Section 2, Origin  of  the  animals,  in the  Annex, point 2, inserting  part "II  -  Livestock 

and livestock products", is amended as follows: 

24.1  The second paragraph is replaced by the following: 

"To  supplement  natural  growth  and  for  the  renewal  of  the  livestock,  a 

maximum of  10% of the adult bovine or equine livestock and 20% of the adult 

ovine  and  caprine  livestock,  female  (nulliparous)  animals  which  have  not  yet 

reached adulthood may be brought in from conventional stockfarms per year." 

24.2  The fourth paragraph is replaced by the following: 

"By way  of  a derogation,  when the  herd  and  flock  is established  for  the first 

time  and  organically  reared  animals  are  not  available  in  sufficient  numbers, 

conventionally reared livestock may be brought into organic livestock  holdings 

subject to the following conditions: 

-  pullets for the production of eggs must not be more than  18 weeks old; 

-  chicks for  broiler  production  must  be  less than  three  days  old  at the  time 

when they leave the holding were they were produced; 

-  calves must be less than four weeks old; 

-  buffalo  must be less than  12 weeks old; 

- 

lambs and kids must be less than four weeks old; 

-  piglets must be reared organically from weaning and must weight less than 

20 kg." 

24.3  The seventh paragraph is replaced by the following: 

"As  regards  all  livestock  obtained  from  conventional  stockfarms,  special 

attention must be paid to animal-health  rules, the inspection  authority  or body 

being authorised to apply special measures, such as screening tests, depending 

on the local circumstances and the relevant quarantine period." 

11 

24.4  The eighth subparagraph is deleted. 

25.  Section 3, Conversion periods, in the Annex, point 2, inserting part "II - Livestock and 

livestock products" is amended as follows: 

25.1  The third paragraph is replaced by the following: 

"Where a holding  is converted, the whole area of the production  unit used  for 

animal feedingstuffs  must comply with the rules on organic farming.  Meadows 

and  fodder  crops  must  have  undergone  a  normal  conversion  period  of  two 

years.  The  inspection  authority  may,  with  the  approval  of  the  competent 

authority, decide to extend or reduce that period, depending on how the parcels 

were used previously. If the conversion takes place for the complete holding for 

livestock and crop productions simultaneously, the total conversion period shall 

be reduced to 24 months." 

25.2  The fourth paragraph is replaced by the following: 

"If livestock products are to be sold as organic products, the livestock holdings 

undergoing conversion must comply with the rules laid down in this Annex, in 

particular as regards feed, animal health and housing, for at least: 

-  12 months in the case of cattle and equidae for meat production, 

-  six  months  in  the  case  of  small  ruminants,  swine  and  poultry  for  meat 

production, brought in after they are three days old, 

-  6 months in the case of animals for milk production, 

-  10 weeks in the case of egg production. " 

25.3  The sixth paragraph is deleted. 

26.  Section 4,  Feed,  in  the  Annex,  point 2,  inserting  part "II  -  Livestock  and  livestock 

products" is amended as follows: 

12 

26.1  The first indent, third subparagraph is replaced by the following: 

"Such  feed  is  intended  to  ensure  quality  production  rather  than  maximum 

growth  while  meeting  the  nutritional  requirements  of  the  livestock  at  various 

stages of development. By way of derogation, traditional fattening practices are 

authorised in so far as they are reversible at any stage of the rearing process." 

26.2  The first indent, fourth subparagraph is replaced by the following: 

"By way of a derogation,  for  a transitional  period  expiring five years  after  the 

adoption  of  this  Regulation  the  inspection  authorities  and  bodies  may  grant 

authorisation for the use of a limited proportion of conventional  feed  where the 

farmer  is unable  to  obtain  feed  exclusively  of  organic  origin.  The  maximum 

percentage  of  conventional  feed  authorised  per  day  is  10%  in  the  case  of 

ruminants and 20% in the case of non-ruminants. That figure is calculated  as a 

percentage of the dry matter of feed of agricultural origin." 

26.3  The second indent, first subparagraph is replaced by the following: 

"Straight and compound feedingstuffs  must comply with the rules laid down in 

Council Directives 77/101/EEC^ and 79/373/EEC^. As regards the presence of 

undesirable  substances  and  straight  and  compound  feedingstuffs,  animal 

feedingstuffs  are  subject  to  the  provisions  of  Council  Directive 74/63/EEC. 

Straight  and  compound  feedingstuffs  must  not  contain  products,  feed 

supplements  or  other 

ingredients  which  contain  genetically  modified 

organisms, parts thereof or products derived therefrom." 

3  OJ No L 32, 3.2.1977, p. 1. Last amended by Directive 90/654/EEC (OJ No L 353, 17.12.1990, p. 48). 

4  OJ No L 86, 6.4.1979, p. 30. Last amended by Directive 93/74/EEC (OJ No L 237, 22.9.1993, p. 23). 

13 

26.4  The second indent, third subparagraph is replaced by the following: 

"Mineral and organic substances indispensable for the nutritional  requirements 

of  livestock  should  preferably  come  from  natural  raw  materials  or  feed 

naturally  containing  such  substances.  Part D  of  Annex II  lists  the  authorised 

feed supplements." 

26.5  The  second  indent,  fourth  and  fifth  subparagraphs  are  replaced  by  the 

following: 

"Apart from milk  and  milk products  and  products from Annex II, part D„  no 

other  products  of  animal  origin  may  be  used  in  animal  feed  as  a  matter  of 

principle. 

The  use  of  any  synthetic  substance  to  stimulate  growth  or  production  is 

prohibited." 

26.6  The third indent, second subparagraph is replaced by the following: 

"Authorised  silage  preservatives  comprise  sea  salt, coarse  rock  salt,  so-called 

organic  preservatives  such  as  yeasts,  lactic,  acetic,  formic  and  propionic 

bacteria  or  acids,  enzymes,  whey,  sugar,  sugar  beet  pulp,  cereal  flour  and 

molasses." 

26.7  The fourth indent is deleted. 

27.  Section 5, Disease prevention and veterinary treatment, in the Annex, point 2, inserting 

part "II - Livestock and livestock products" is amended as follows: 

27.1  The first and second paragraphs are replaced by the following: 

"Disease prevention  in organic  livestock production  is based  on the  following 

principles:  animal  husbandry  which  ensures  strong  resistance  to  diseases  and 

prevents  infections;  the  use  of  high  quality  feed;  the  mobilisation  of  natural 

defences by means of exercise or pasturage." 

14 

27.2  The fourth paragraph is replaced by the following: 

"Treatment using plant extracts and essences, trace elements and products listed 

in  Part D  of  Annex II,  phytotherapy  and  the  administration  of  homeopathic 

products  (plant,  animal  or  mineral  substances)  are  authorised  without 

restriction." 

27.3  The tenth and eleventh paragraphs are deleted. 

27.4  The twelfth paragraph is replaced by the following: 

"As  regards  livestock  production  as  a  whole,  where  an  animal  or  group  of 

animals  is  administered  more  than  two  courses  of  treatment  with  allopathic 

products other than vaccinations and for parasites, limited to two per year( apart 

from the  compulsory  eradication  schemes  established  by  the  Member  States) 

during  an  annual  production  cycle  or  limited  to  one  curative  allophatic 

treatment  during  their  lifecycle  should  the  latter  be  less  than  one  year,  the 

livestock products obtained may not be sold as organic products during the year 

concerned.  However,  at  the  end  of  the  conversion  periods  laid  down  in 

section 3, the animals treated may once again be considered as organic, subject 

to the agreement of the inspection authority or body." 

28.  Section 6,  Livestock  housing,  free-range  areas  and  storage  facilities  for  livestock 

effluents  and  silage  liquor,  in  the  Annex  point 2,  inserting  part "II  -  Livestock  and 

livestock products" is amended as follows: 

15 

28.1  The fourteenth paragraph is replaced by the following: 

"Wall  to  wall  slatted  flooring  and  total  slatted  flooring  shall  be  prohibited. 

Buildings used for livestock must provide each animal with a clean and dry rest 

area  of  sufficient  size.  Generally  speaking,  the  stocking  density  in  buildings 

shall  depend  on the  species, the breed,  the  age and the  size  of the  animals. It 

must also take account of the behavioural  needs of the animals, which depend 

in particular on the size of the group and the animals' sex. The optimum density 

will seek to ensure the animals' welfare by providing them with sufficient  space 

to sleep, feed and move around." 

28.2  The sixteenth paragraph is replaced by the following: 

"If pigs for fattening  are housed in piggeries, the minimum free space available 

for  resting  should  be  at  least  50% more  than  that  laid  down  in  Article 3  of 

Council  Directive 91/630/EEC  laying  down  minimum  standards  for  the 

protection  of  pigs^.  In  addition,  the  animals  must  have  access  to  a  covered 

exercise  area  of  an  equivalent  size.  Slatted  floors  throughout  and  tethered 

housing  are  prohibited.  The  housing  must  provide  ample  dry  bedding,  have 

plentiful  natural  ventilation  and  light  and  give  access  to  outside  dunging, 

rooting and exercise areas". 

28.3  The 17th paragraph is replaced by the following: 

"At all times throughout the day, weather permitting, poultry must have access 

to  a  grassed  run  and  adequate  numbers  of  drinking  and  feeding  troughs  with 

protective facilities." 

28.4  The 21st paragraph, 3rd indent is replaced by the following: 

"The  maximum  stocking  density  must  not  exceed  2500 hens  per  hectare  of 

ground available to the hens or one hen per 4 m." 

5  OJ No  L 340,  11.12.1991, p. 33. 

16 

29.  In the Annex, point 2, "II - Livestock and livestock products" two new sections 7 and 8 

are added after section 6) reading as follows: 

"7.  Specific provisions with regard to beekeeping 

7.1  General principles 

The  destruction  of  bees  in  the  combs  as  a  method  associated  with  the 

harvesting of beekeeping products is prohibited. 

Mutilation  such  as  tail-docking,  tooth-removal,  castration,  de-horning, 

trimming of beaks and wing-clipping  of queen bees must not be carried out 

systematically.  Some of these operations may, however, be authorised by the 

inspection authority or bodies for reasons of safety or if they are intended to 

improve  the  health  or  welfare  of  the  livestock.  Such  mutilation  must  be 

carried out by qualified  personnel  and any suffering  to the animals must be 

avoided. 

7.2  Origin of livestock 

Apiaries  are  to  be  constituted  by  multiplication  of  existing  colonies  or by 

acquisition  of  swarms  or  hives  from  beekeepers  complying  with  organic 

beekeeping  rules.  By  way  of  a  derogation,  swarms  on  their  own  may  be 

acquired from conventional  beekeepers during a transitional  period expiring 

on 31 December 2000, subject to  a conversion period. 

7.3  Conversion periods 

Beekeeping  products  can  only  be  sold  as  organic  products  if  the  general 

conditions on feeding, care and housing have been observed for at least one 

year. The material from which the hives are made must comply with the rules 

laid  down  in  this  Annex.  Where  swarms  on  their  own  are  acquired  from 

conventional beekeepers, the conversion period is also one year. 

17 

7.4  Eejed 

Hives must be placed  solely  in areas where cultivated  plants or  spontaneous 

vegetation  complying  with  the  rules  on  organic  production  are  found,  in 

accordance with Article 6 and Annex I. 

The  Member  States  are  to  designate  regions  or  areas  where  organic 

beekeeping  is practicable. A map on an appropriate  scale listing the location 

of hives as provided for in Annex III (2)(1) of Regulation  (EEC) No 2092/91 

shall be provided to the inspection authority or body. Where no such areas are 

identified,  the beekeeper  must provide the inspection  authority  or body  with 

justifications  and a guarantee, in particular  on the basis of suitable analyses, 

that the areas accessible to his colonies meet the above mentioned conditions. 

The  feeding  of  colonies  is authorised  where  weather  conditions  require  that 

sufficient  reserves be built up for winter. Feeding must be carried out between 

the  last  honey  harvest  and  the  colony's  period  of  dormancy.  Feeding  is 

normally  carried  out  with  organic  honey  but  sugar  syrup  may  be  used 

provided  it  has  been  prepared  from  products  complying  with  the  rules  on 

organic  production.  By  way  of  a  derogation,  sugar  symp  and  honey  from 

conventional apiaries may be used until 31 December 2000. 

7.5  Disease prevention and veterinary treatment 

Allopathic  treatment  must  be  administered  under  the  responsibility  of  a 

veterinarian,  the  type  of  product  being  specified  clearly,  together  with  the 

duration  of  treatment  and  the  recommended  withdrawal  period  before  the 

products  are  consumed.  This  information  is  to  be  entered  in  the  livestock 

records and declared to the inspection body. Livestock treated must be clearly 

identified,  individually  in the case of large animals, individually  or  by batch 

in the case of poultry and small animals, and by colony in the case of bees. 

16 

In the specific case of beekeeping, colony health is to be maintained by acting 

to reduce factors  contributing to the development of disease. To that end, the 

following measures are to be applied: hardy breeds adapted to local conditions 

are to be chosen; queen bees are to be renewed regularly; equipment  is to be 

cleaned  and  disinfected  at  regular  intervals;  contaminated  material  is  to  be 

destroyed; beeswax is to be renewed regularly; sufficient  pollen and honey are 

to be made available in hives. 

Where  the  use  of  synthetic  products  proves  necessary  to  eradicate  certain 

transmissible diseases which are likely to destroy colonies, the treatment must 

be administered as far outside the periods when the queen is laying and honey 

is harvested as possible. If treatment is to be applied during such a period, the 

colonies  treated  must  be  placed  in  isolation  hives.  Subsequently,  the 

conversion period of one year will apply to those hives. 

7.6  Housing and facilities 

The  hives  must  be  made  of  natural  materials  presenting  no  risk  of 

contamination  to  the  environment  or  the  apicultural  products.  Protective 

products used must comply with the same conditions. 

Frames and  supers for  the harvest may only be protected,  in particular from 

pests,  by  means  of  the  products  listed  in  Part B  of  Annex II.  All  synthetic 

chemical products are prohibited. 

The  beeswax  for  new frames must  come  from  production  units  complying 

with the rules on organic beekeeping. By way of a derogation, in particular in 

the case of new installations, conventional beeswax may be authorised by the 

inspection  authority  or body  in exceptional  circumstances  where  organically 

produced beeswax is not available on the market." 

19 

8.  Provisions with regard to other livestock species 

Production standards to be developed." 

30.  In  the  annex,  point 3,  replacing  Annex II,  part C  ("Other  products"^,  the  following 

amendments are introduced: 

30.1 

In  section C.l,  Oilseeds,  cereals  and  fodder  crops.  the_  first  and  second 

paragraphs are replaced by the following: 

"Dried lucerne, hay and straw of cereals. 

Legumes,  including  ervil(  Ervum  hervilia)(whole,  meal,  cake  obtained  by 

pressure):  lupins,  soya  beans,  peas,  chick  peas  (Cicer  arietinum),  chickling 

vetch (Lathyrus sativus), field beans {Viciafaba)" 

30.2 

In  section C.2  Processed  crop  products,  items 3  and 4  are  replaced  by  the 

following: 

"Beet, carob, olive and citrus fruit pulp; 

By-products of the malting and brewing industries" 

30.3 

In section C.4, Miscellaneous, the following  item is added after  item 2 (Nectar, 

for beekeeping): 

Molasses, only as a binding agent in compound feed; 

Other  feedingstuffs,  authorised  by  the  competent  authority  in  the  Member 

State, for a transitional period expiring on ... [5 years of the  entry into force  of 

the Regulation]" 

31.  In the Annex, point 4, adding PartD to Annex II, section D.2, Miscellaneous, the 3rd 

to 7th indents are replaced by the following: 

-  Clays 

-  Seaweed 

-  Yeasts 

Shells of aquatic an «mais and cuttlefish  bones 

20 

I ish oil and cod-liver oil 

-  Fish,  mollusc  or  crustacean  autolysates,  hydrolysates  and  proteolysates  obtained 

by  enzyme  action,  whether  or  not  in  soluble  form,  (solely  to  provide  young 

animals  with  the  vitamins,  minerals  and  proteins  they  need),  plant  protein 

extracts." 

-  Essential  amino-acids  for  poultry  and  young  animals  authorised  by the  approved 

inspection authorities or bodies. 

-  Synthetic vitamins identical to natural vitamins for monogastric animals. 

-  Choline chloride" 

-  Other  feed  supplements,  authorised  by  the  competent  authority  in  the  Member 

State for  a transitional  period  expiring on  ... [5 years from the entry  into  force  of 

the Regulation] 

32.  In  the  Annex,  point5,  adding  PartE  to  AnnexII,  the  following  amendments  are 

introduced: 

32.1  The title of section E1 is replaced by the following: 

"Products used in livestock buildings and annexes". 

32.2  The following products are added to the list of section E. 1 : 

-  oxygen peroxide or oxygenated water; 

-  cleaning products for teats (milking parlours); 

-  other products authorised by the competent authority in the Member  State 

during  a transitional period  expiring  on  ...  [5 years of the entry  into  force 

of the Regulation]". 

32.3  The following products are added to the list of section E 2: 

-  bleach 

-  caustic soda or caustic potash 

-  phosphoric acid 

21 

- 

formaldehyde". 

-  other products authorised  by the competent authority of the Member  State 

during a transitional  period  expiring  on  ....  [5 years of the entry  into  force 

of the Regulation]. 

33.  The following point 8a is added in the Annex after point 8: 

"8a.  Annex VI is amended as follows: 

1)  Section A.4. Micro-organism preparation is replaced by the following text: 

"A.4.  Micro-organism  preparations:  any  micro-organism  preparations 

normally  used  in food  processing, with the exception of  genetically 

modified  organisms  within 

the  meaning  of  Article 2(2)  of 

Directive 90/220/EEC". 

2) 

In section B the provisions concerning preparations of micro-organisms and 

enzymes are replaced by the following: 

"Preparations  of  micro-organisms  and  enzymes:  any  micro-organism  and 

enzyme preparations  normally  used  in food  processing,  with the  exception 

of  genetically  modified  organisms  within  the  meaning  of  Article 2(2)  of 

Directive 90/220/EEC and enzymes derived from such organisms." 

22 

ISSN 0254-1475 

COM(97) 747  final 

DOCUMENTS 

EN 

03  10  01 

Catalogue number  :  CB-CO-97-760-EN-C 

ISBN  92-78-25099-6 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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