Commission Regulation (EC) No 2020/2000 of 25 September 2000 amending Regulation (EEC) No 207/93 defining the content of Annex VI to Council Regulation (EEC) No 2092/91 and amending Section C of Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2000-09-25
Institutions: European Commission
Subjects: agricultural product, foodstuff, free movement of goods, labelling, organic farming

26.9.2000

EN

Official Journal of the European Communities

L 241/39

COMMISSION REGULATION (EC) No 2020/2000

of 25 September 2000

amending Regulation (EEC) No 207/93 defining the content of Annex VI to Council Regulation
(EEC) No 2092/91 and amending Section C of Annex VI to 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
June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and food-
stuffs (1), as last amended by Commission Regulation (EC) No
1437/2000 (2), and in particular Article 5(7) and (8) and Article
13 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EEC) No 207/93 (3), as last
amended by Regulation (EC) No 345/97 (4), has defined
the content of Annex VI to Regulation (EEC) No 2092/
91 and has laid down detailed rules for implementation
of the provisions of Article 5(4) of that Regulation.

The detailed rules for the implementation of the regime
of Member States' provisional authorisations pursuant to
Article 5(3)(b) and 5(5a)(b) of Regulation (EEC) No
2092/91, laid down in Article 3 of Regulation (EEC) No
207/93, have to be reviewed in order to take into
account certain difficulties currently experienced by
Member States.

It has appeared that certain products in Section C of
Annex VI are available in sufficient quantities in the
Community from organic farming. Therefore those
products should be deleted from Section C of Annex VI.

A period of grace should be allowed for certain with-
drawn conventional products to permit the utilisation of
existing stocks and the adaptation of the industry to the
new requirements.

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

Article 3 of Regulation (EEC) No 207/93 is replaced by the
following text:

‘Article 3:

1.
As long as an ingredient of agricultural origin is not
included in Section C of Annex VI to Regulation (EEC) No
2092/91, that ingredient may be used according to the

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 161, 1.7.2000, p. 62.
(3) OJ L 25, 2.2.1993, p. 5.
(4) OJ L 58, 27.2.1997, p. 38.

derogation provided for in Article 5(3)(b) and Article
5(5a)(b) of that Regulation on the following conditions:

(a) that

the operator has notified to the competent
authority of the Member State all the requisite evidence
showing that
the ingredient concerned satisfies the
requirements of Article 5(4) of Regulation (EEC) No
2092/91; and

authorised,

the use for a maximum period of

(b) that the competent authority of the Member State has
provisionally
in accordance with the
requirements of Article 5(4) of Regulation (EEC) No
2092/91,
three
months after having verified that the operator has taken
the necessary contacts with the other suppliers in the
Community to ensure himself on the unavailability of
the ingredients concerned with the required quality
requirements; without prejudice of the provisions of
the Member State may prolong this
paragraph 6,
authorisation maximum three times for seven months
each; and

(c) no decision has been taken,

in accordance with the
provisions of paragraphs 4 or 6 that a granted author-
isation with regard to the ingredient concerned shall be
withdrawn.

2. Where an authorisation as referred to in paragraph 1
immediately
has been granted,
notify to the other Member States and to the Commission,
the following information:

the Member State shall

(a) the date of the authorisation and in case of a prolonged
authorisation, the date of the first authorisation;

(b) the name, address, telephone, and where relevant, fax
and e-mail of the holder of the authorisation; the name
and address of the contact point of the authority which
granted the authorisation;

(c) the name and, where necessary, the precise description
and quality requirements of the ingredient of agricul-
tural origin concerned;

(d) the type of products for the preparation of which the

requested ingredient is necessary;

(e) the quantities that are required and the justification for

those quantities;

(f) the reasons for, and expected period of, the shortage;

(g) the date on which the Member State sends this noti-
fication to the other Member States and the Commis-
sion.

The Commission and/or Member States may make this
information available to the public.

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Official Journal of the European Communities

26.9.2000

3. Where a Member State submits comments to the
Commission and to the Member State which granted the
authorisation, which show that
supplies are available
during the period of the shortage, the Member State shall
consider withdrawal of the authorisation or reducing the
envisaged period of validity, and shall inform the Commis-
sion and the other Member States of the measures it has
taken or will take, within 15 days days from the date of
receipt of the information.

4.
At the request of a Member State or at the Commis-
sion's initiative, the matter shall be submitted for exam-
ination to the Committee referred to in Article 14 of Regu-
lation (EEC) No 2092/91. It may be decided, in accordance
with the procedure laid down in Article 14, that a granted
authorisation shall be withdrawn or its period of validity
amended, or where
ingredient
appropriate,
concerned be included in Section C of Annex VI.

that

the

5.
In case of a prolongation as referred to in paragraph
1(b), the procedures of paragraphs 2 and 3, will apply.

6. Where a Member State wants to ensure that an ingre-
dient from conventional production can still be used after
the third prolongation of the authorisation referred to in
paragraph 1(b), this Member State shall, together with the
notification for the third prolongation of a granted author-
isation notify a request for inclusion of the ingredient in
Annex VI, Section C. As long as no decision has entered
into force in accordance with the procedure referred to in
Article 14, in order to include the ingredient in Annex VI,

Section C or to withdraw the authorisation, the Member
State may continue to prolong the authorisation for succes-
sive periods of seven months in due respect of the condi-
tions of paragraphs 1, 2 and 3.’

Article 2

Section C of Annex VI to Regulation (EEC) No 2092/91 is
replaced by the Annex to this Regulation.

Article 3

The following crop products may be used under the same
conditions as products listed in Section C of Annex VI to
Regulation (EEC) No 2092/91 until six months from entry into
force of this Regulation:

Acerola (Malphigia punicifolia), cashew nuts (Anacardium occiden-
tale),
(Carica
fenugreek (Trigonella foenum-graecum), papayas
papaya), pine kernels (Pinus pinea), allspice (Pimenta dioica),
cardamom (Fructus cardamomi (minoris) (malabariensis) Elettaria
cardamomum), cinnamon (Cinnamomum zeylanicum), clove (Syzy-
gium aromaticum), ginger (Zingiber officinale), curry composed of:
coriander (Coriandrum sativum), mustard (Sinapis alba), fennel
(Foeniculum vulgare), ginger (Zingiber officinale), as well as fats
and oils, whether or not refined but not chemically modified
from palm, rape, safflower, sesame and soya.

Article 4

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

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

Done at Brussels, 25 September 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘SECTION C. INGREDIENTS OF AGRICULTURAL ORIGIN WHICH HAVE NOT BEEN PRODUCED ORGANI-

CALLY, REFERRED TO IN ARTICLE 5(4) OF REGULATION (EEC) No 2092/91

C.1.

Unprocessed vegetable products as well as products derived therefrom by processes referred to under
definition 2(a) of the introduction of this Annex:

C.1.1.

Edible fruits, nuts and seeds:

acorns
cola nuts
gooseberries
maracujas (passion fruit)
raspberries (dried)
red currants (dried)

Quercus spp.
Cola acuminata
Ribes uva-crispa
Passiflora edulis
Rubus idaeus
Ribes rubrum

C.1.2.

Edible spices and herbs:

nutmeg
pepper green
pepper (Peruvian)
horseradish seeds
lesser galanga
safflower flowers
watercress herb

Myristica fragrans, until 31.12.2000 only
Piper nigrum, until 30.4.2001 only
Schinus molle L.
Armoracia rusticana
Alpinia officinarum
Carthamus tinctorius
Nasturtium officinale

C.1.3.

Miscellaneous:

algae,

including seaweed, permitted in conventional foodstuffs preparation

C.2.

Vegetable products, processed by processes as referred to under definition 2(b) of the introduction of this
Annex

C.2.1.

Fats and oils whether or not refined, but not chemically modified, derived from plants other than:

cocoa
coconut
olive
sunflower
palm
rape
safflower
sesame
soya

Theobroma cacao
Cocos nucifera
Olea europaea
Helianthus annuus
Elaeis guineensis
Brassica napus, rapa
Carthamus tinctorius
Sesamum indicum
Glycine max

C.2.2.

The following sugars, starches and other products from cereals and tubers:

beet sugar, until 1.4.2003 only

fructose

rice paper

unleavened bread paper

starch from rice and waxy maize, not chemically modified

C.2.3.

Miscellaneous:

coriander, smoked
pea protein

Coriandrum sativum until 31.12.2000 only
Pisum spp.

rum, only obtained from cane sugar juice

kirsch prepared on the basis of fruits and flavourings as referred to in section A.2 of this Annex

mixtures of crops permitted in conventional foodstuffs preparation, and giving colouring and tasting
qualities to confectionary, only for preparation of “Gummi Bärchen”, until 30.9.2000 only

mixtures of the following peppers: Piper nigrum, Schinus molle and Schinus terebinthifolium, until 31.12.2000
only

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C.3.

Animal products:

aquatic organisms, not originating from aquaculture, and permitted in conventional foodstuffs preparation

buttermilk powder
gelatin
honey
lactose
whey powder “herasuola”’

until 31.8.2001 only

until 28.2.2001 only
until 31.8.2001 only