Commission Regulation (EC) No 1073/2000 of 19 May 2000 amending Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2000-05-19
Institutions: European Commission
Subjects: agricultural product, fertiliser, genetically modified organism, organic farming

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COMMISSION REGULATION (EC) No 1073/2000

of 19 May 2000

amending Council Regulation (EEC) No 2092/91 on organic production of agricultural products and
indications referring thereto on agricultural products and foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2092/91 of 24
of June 1991 on organic production of agricultural products
and indications referring thereto on agricultural products and
foodstuffs (1), as last amended by Commission Regulation (EC)
No 331/2000 (2), and in particular Article 13, second indent
thereof,

Whereas:

(1)

(2)

(3)

(4)

There is a need to extend in Annex I to Regulation (EEC)
No 2092/91 the possible use of micro-organisms for
compost activation to cover also the use of such organ-
isms for improving the overall condition of the soil and
the availability of nutrients in the soil or crops. It is also
necessary to exclude any genetically modified micro-
organisms for such uses, and to bring the provisions
concerning the use of livestock manure in line with the
provisions related thereto in part B, section 7 of this
Annex.

In accordance with the procedure provided for in Article
7(4) of Regulation (EEC) No 2092/91, certain Member
States have submitted information in view of the inclu-
sion of certain products in Annex II or in view of
amending certain provisions in this Annex.

The amendments of Annex II concern products which
were in common use before the adoption of Regulation
(EEC) No 2092/91 according to the codes of practice on
organic farming followed in the Community and, there-
fore, are in accordance with the provisions of Article
7(1a) of that Regulation. The amendments for certain of
these products are urgent in the light of the upcoming
agricultural season.

It appeared that ‘glycerol’, ‘silicon dioxide’ and ‘isopropa-
nol’ are essential for the preparation of certain food-
stuffs. These products can therefore be included in
Annex VI
the requirements of
Article 2 of Commission Regulation (EEC) No 207/
93 (3), as amended by Regulation (EC) No 345/97 (4),
defining the content of Annex VI to Regulation (EEC) No
2092/91.

taking into account

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 48, 19.2.2000, p. 1.
(3) OJ L 25, 2.2.1993, p. 5.
(4) OJ L 58, 27.2.1997, p. 8.

(5)

(6)

(7)

(8)

It is necessary to clarify in the ‘General principles’ of
Annex VI that the practice of smoking is accepted in the
preparation of foodstuffs from organic production.

It is necessary to bring the provisions in Annex VI, with
regard to genetically modified organisms and products
derived from such organisms, in line with the overall
prohibition accepted in the context of Council Regula-
tion (EC) No 1804/1999 (5).

It is appropriate to introduce for certain products minor
technical or editorial amendments. It is also necessary to
introduce certain editorial amendments to take into
account amendments of Regulation (EC) No 1804/1999.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee referred
to in Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, II and VI to Regulation (EEC) No 2092/91 shall be
amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Communities.

It shall apply forthwith. However, the provisions of Annex I,
part headed ‘A. PLANT AND PLANT PRODUCTS’, points 2.1
and 2.2, to Regulation (EEC) No 2092/91, shall apply from 24
August 2000.

The product ‘animal charcoal’
listed in Annex II, part A, of
Regulation (EEC) No 2092/91, before the date of entry into
force of this Regulation, may continue to be used under the
previously applicable conditions until existing stocks are
exhausted but not later than 30 September 2000.

The product ‘calcium carbonates’ listed in Annex VI to Regula-
tion (EEC) No 2092/91, under more restrictive conditions than
those before the date of entry into force of this Regulation,
may continue to be used under the previously applicable condi-
tions until existing stocks are exhausted but not later than 30
September 2000.

(5) OJ L 222, 24.8.1999, p. 1.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

I.

In Annex I to Regulation (EEC) No 2092/91, point 2 of the part headed ‘A. PLANT AND PLANT PRODUCTS’ is
replaced by the following text:

‘2.1. The fertility and the biological activity of the soil must be maintained or increased, in the first instance, by:

(a) cultivation of legumes, green manures or deep-rooting plants in an appropriate multi-annual rotation

programme;

(b) incorporation of livestock manure from organic livestock production in accordance with the provisions and

within the restrictions of part B, point 7.1, of this Annex;

(c) incorporation of other organic material, composted or not, from holdings producing according to the rules

of this Regulation.

2.2. Other organic or mineral fertilisers, mentioned in Annex II, may, exceptionally, be applied, as a complement to

the extent that:

— adequate nutrition of the crop being rotated or soil conditioning are not possible by the methods set out

under (a), (b) and (c) of the preceding subparagraph,

— with regard to the products in Annex II referring to manure and/or animal excrements: these products may
only be used to the extent that, in combination with the livestock manure referred to in point 2(1)(b) above,
the restrictions as referred to in part B, section 7.1, of this Annex are satisfied.

2.3. For compost activation appropriate plant-based preparations or preparations of micro-organisms, not genetically
modified in the meaning of point 12 of Article 4 may be used. So-called “biodynamic preparations” from
stone meal, farmyard manure or plants may also be used for the purposes covered by this paragraph and by
paragraph 2.1.

2.4. Appropriate preparations of micro-organisms, not genetically modified in the meaning of point 12 of Article 4
and permitted in general agriculture in the Member State concerned, may be used to improve the overall
condition of the soil or the availability of nutrients in the soil or in the crops, where the need for such use has
been recognised by the inspection body or inspection authority.’

II. Annex II to Regulation (EEC) No 2092/91 is amended as follows:

1.

The part headed ‘A. FERTILISERS AND SOIL CONDITIONERS’

is amended as follows:

(a) The introductory paragraph between the heading and the table is replaced by the following:

‘General conditions for all the products:

— use only in accordance with provisions of Annex I,

— use only in accordance with the provisions of the legislation on placing on the market and use of the
products concerned applicable in general agriculture in the Member State where the product is used.’

(b) In the table, for the product ‘products or by-products of animal origin as below’ the product ‘animal

charcoal’

is deleted.

(c) In the table, the provisions concerning the inclusion of ‘Potassium sulphate containing magnesium salt’ are

replaced by the following:

Name

Description; compositional requirements;
conditions for use

‘Potassium sulphate, possibly containing magnesium
salt

Product obtained from crude potassium salt by a
physical extraction process, and containing possibly
also magnesium salts

Need recognised by the inspection body or inspec-
tion authority’

2.

In the part headed ‘B. PESTICIDES’ the tables under ‘1. Products for plant protection’ are amended as follows:

(a) In the table headed ‘I. Substances of crop or animal origin’ the provisions concerning the inclusion of

‘azadirachtin extracted from Azadirachta indica (Neem tree)’ are replaced by the following:

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Name

Description; compositional requirements;
conditions for use

‘Azadirachtin extracted from Azadirachta
(Neem tree)

indica

Insecticide

Need recognised by the inspection body or inspec-
tion authority’

(b) In the table headed ‘III. Substances to be used only in traps and/or dispensers’ the provisions concerning the

inclusion of ‘pheromones’ are replaced by the following:

Name

Description; compositional requirements;
conditions for use

‘Pheromones

Attractant; sexual behaviour disrupter

Only in traps and dispensers’

(c) In the table headed ‘IV. Other substances from traditional use in organic farming’ the provisions concerning

the inclusion of ‘lime sulphur (calcium polysulphide)’ are replaced by the following:

Name

Description; compositional requirements;
conditions for use

‘Lime sulphur (calcium polysulphide)

Fungicide,

insecticide, acaricide

Need recognised by the inspection body or inspec-
tion authority’

III. Annex VI to Regulation (EEC) No 2092/91 is amended as follows:

1.

The first sentence of the third paragraph of the part entitled ‘General principles’ is replaced by the following text:

‘Notwithstanding reference to any ingredient in Sections A and C or any processing aid in Section B, any
processing practice, such as smoking, shall be carried out and any ingredient or such processing aid shall be used
only in accordance with relevant Community legislation and/or national legislation compatible with the Treaty
and, in the absence thereof, in accordance with the principles of good manufacturing practice for foodstuffs.’

2.

Section A is amended as follows:

(a) The heading is replaced by the following:

‘SECTION A — INGREDIENTS OF NON-AGRICULTURAL ORIGIN (REFERRED TO IN ARTICLE 5(3)(c)
AND ARTICLE 5(5a)(d) OF REGULATION (EEC) No 2092/91)’

(b) In the table the provisions concerning the inclusion of ‘E 170 Calcium carbonates’ are replaced by the

following:

Name

Specific conditions

‘E 170 Calcium carbonates

All authorised functions except colouring’

(c) In the table the following product and specific conditions related thereto are inserted after ‘E 416 Karaga

gum’:

Name

Specific conditions

‘E 422 Glycerol

Plant extracts’

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(d) In the table the provisions concerning the inclusion of ‘E 516 Calcium sulphate’ are replaced by the

following:

Name

Specific conditions

‘E 516 Calcium sulphate

Carrier’

(e) In the table the following product and specific conditions related thereto are inserted after ‘E 524 Sodium

hydroxide’:

Name

Specific conditions

‘E 551 Silicon dioxide

Anti-caking agent for herbs and spices’

(f) In subsection A.4.

‘Micro-organism preparations’ point (ii) is deleted.

3.

Section B is amended as follows:

(a) The heading is replaced by the following:

‘SECTION B — PROCESSING AIDS AND OTHER PRODUCTS WHICH MAY BE USED FOR PROCESSING
OF INGREDIENTS OF AGRICULTURAL ORIGIN FROM ORGANIC PRODUCTION, REFERRED TO IN
ARTICLE 5(3)(d) AND ARTICLE 5(5a)(e) OF REGULATION (EEC) No 2092/91’

(b) In the table the following product and conditions related thereto are inserted after ‘sulphuric acid’:

Name

Specific conditions

‘Isopropanol (propan-2-ol)

In the crystallisation process in sugar preparation

In due respect of the provisions of Directive 88/
344/EEC, as last amended by Directive 97/60/EEC

For a [...] period expiring on 31.12.2006’

(c) The text at the end of the section entitled ‘Preparations of micro-organisms and enzymes’ is replaced by the

following text:

‘Preparations of micro-organisms and enzymes:

Any preparations of micro-organisms and enzymes normally used as processing aids in food processing,
with the exception of micro-organisms genetically modified within the meaning of Article 2(2) of Directive
90/220/EEC, and with the exception of enzymes derived from genetically modified organisms within the
meaning of Article 2(2) of Directive 90/220/EEC.’

4.

In Section C, subsection C.2.2, the inclusion of ‘beet sugar’

is replaced by:

‘Beet sugar, until 1.4.2003 only’.