Commission Regulation (EC) No 123/2008 of 12 February 2008 amending and correcting Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2008-02-12
Institutions: European Commission
Subjects: acid, cheese, enzyme, food additive, food processing, foodstuffs legislation, gelatine, mode of production, non-alcoholic beverage, organic product

13.2.2008

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 123/2008

of 12 February 2008

amending and correcting Annex VI to 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,

(3)

Having regard to the Treaty
Community,

establishing the European

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), and in particular the second indent of Article 13
thereof,

Whereas:

(1)

(2)

Pursuant to Article 5(8) of Regulation (EEC) No 2092/91,
limitative lists of the substances and products referred to
in paragraph 3(c) and (d) of that Article are to be estab-
lished in Sections A and B of Annex VI to that Regu-
lation. The conditions of use of these ingredients and
substances may be specified.

intended

Further to the inclusion in that list of substances used in
the processing of products
for human
consumption which contain ingredients from animal
origin by Commission Regulation (EC) No 780/2006 of
24 May 2006 amending Annex VI to Council Regulation
(EEC) No 2092/91 on organic production of agricultural
products and indications referring thereto on agricultural
products and foodstuffs (2) the additives sodium nitrite
and potassium nitrate were to be re-examined before
31 December 2007, with a view to limiting or with-
drawing their use. A panel of independent experts has
in its conclusion of 5 July 2007 (3) (hereinafter the panel)
recommended eliminating sodium nitrite and potassium
nitrate in organic meat products within a reasonable time
scale. The panel
certain
if these substances were
precautions should be taken,
sodium nitrite and potassium
withdrawn. Therefore,
nitrate should be permitted until 31 December 2010
to allow an assessment of the implications of removing
them. This assessment should take account of the extent
to which the Member States have found safe alternatives
to nitrites/nitrates, and their progress in establishing
educational programmes in alternative processing.

also recommended

that

(4)

(5)

(6)

(7)

(8)

(1) OJ L 198, 22.7.1991, p. 1. Regulation as

(EC) No 1517/2007 (OJ

last amended by
L 335,

Commission Regulation
20.12.2007, p. 13).

(2) OJ L 137, 25.5.2006, p. 9.
(3) Conclusions from Group of Independent Experts on ‘Food Additives
and Processing Aids permitted in processing of organic Food of
Plant
http://ec.europa.eu/agriculture/qual/
organic/foodadd/expert/05072007.pdf

and Animal

origin’.

From 1 December 2007, under the provisions of Regu-
lation (EC) No 780/2006, sulphur dioxide and potassium
metabisulphite are permitted for the processing of fruit
wines, made from fruit other than grapes, and also for
the processing of cider, perry and mead. According to
the above panel they should be allowed until alternative
compounds or technologies are known. The Commission
proposes to follow this advice. As new research data are
expected to become available, the use of sulphur dioxide
and potassium metabisulphite in organic products should
be re-examined by 31 December 2010.

that

certain food processing aids

To ensure
bentonite, and kaolin)
authorised substances,
should only be used where they meet
standards
Community laws.

(talc,
in the list are free from non-
they
the panel suggested that
the purity
in

additives

specified

those

food

for

During the manufacture of sour milk cheese, E 500
sodium carbonate is added to the pasteurised milk in
order to buffer the acidity caused by the lactic acid to
an appropriate pH value, thereby creating the necessary
growth condition for the ripening cultures. According to
the panel the use of sodium carbonate for the processing
of organic sour milk cheese should therefore be allowed.
The Commission proposes to follow this advice.

To be able to replace after a certain period of
time
gelatine made from non-organic animal skin or bones
by gelatine produced from organic pig skin as an
ingredient in organic products, a number of processing
aids should be added to the list according to the panel.
The Commission proposes to follow this advice.

It appears to be necessary to use hydrochloric acid as a
processing aid in the production of certain special hard
rind cheeses (Gouda, Edam and Maasdammer cheeses,
Boerenkaas, Friese, and Leidse Nagelkaas) for the regu-
lation of the pH of the brine bath without causing off-
flavours. The use of hydrochloric acid for the production
of these special hard rind cheeses should however be re-
evaluated before 31 December 2010.

Annex VI to Regulation (EEC) No 2092/91, as amended
by Regulation (EC) No 780/2006, allows the use of food
additive E 160b (Annatto, Bixin, and Norbixin) on
‘Scottish Cheddar’. As this is not a generic term for
coloured cheddar,
the entry in Annex VI should be
changed to cover all Cheddar cheeses. The use of
Annatto, Bixin, Norbixin, E 160b, should therefore be
allowed in all Cheddar cheeses.

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Official Journal of the European Union

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(9)

The entry on ‘Preparations of micro-organisms and
enzymes’
in Annex VI, Section B to Regulation (EEC)
No 2092/91, as amended by Regulation (EC) No
780/2006,
in the
been mistakenly
footnote. This entry should be printed in normal font
and added as a separate entry. Annex VI
should
therefore be corrected accordingly, with effect from the
date of application of Regulation (EC) No 780/2006.

inserted

has

(10)

Regulation (EEC) No 2092/91 should therefore be
amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Annex VI
accordance with the Annex to this Regulation.

to Regulation (EEC) No 2092/91 is amended in

Article 2

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

It shall apply from 15 February 2008.

(11)

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

However, point (3)(f) of the Annex shall apply with effect from
1 December 2007.

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

Done at Brussels, 12 February 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

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

(1) the fourth paragraph under the heading ‘GENERAL PRINCIPLES’ is replaced by the following:

‘The use of the following substances shall be re-examined before 31 December 2010:

— Sodium nitrite and potassium nitrate in Sub-section A.1 with a view to withdrawing these additives;

— Sulphur dioxide and potassium metabisulphite in Sub-section A.1;

— Hydrochloric acid in Sub-section B for the processing of Gouda, Edam and Maasdammer cheeses, Boerenkaas,

Friese, and Leidse Nagelkaas.

The re-examination referred to in the first indent shall take account of the efforts made by Member States to find safe
alternatives to nitrites/nitrates and in establishing educational programmes in alternative processing methods and
hygiene for organic meat processors/manufacturers.’

(2) Section A is amended as follows:

(a)

in sub-section A.1 the entry for E 160b is replaced by the following:

Code

Name

Preparation of
foodstuffs of plant
origin

Preparation of
foodstuffs of
animal origin

Specific conditions

‘E 160b

Annatto, Bixin, Norbixin

X

Red Leicester cheese

Double Gloucester cheese

Cheddar
Mimolette cheese’

(b) in sub-section A.1 the entry for E 500 is replaced by the following:

Code

Name

Preparation of
foodstuffs of plant
origin

Preparation of
foodstuffs of
animal origin

Specific conditions

‘E 500

Sodium carbonates

X

X

“Dulce de leche” (*) soured-cream
butter and sour milk cheese (1)

(*) “Dulce de leche” or “Confiture
soft,
refers
cream,
sweetened,

de
lait”
luscious,
made
thickened milk

brown

to a

of

(1) The restriction concerns only animal products.’;

(3) Section B is amended as follows:

(a)

the entry for ‘citric acid’ is replaced by the following entries:

Name

Preparation of foodstuffs of
plant origin

Preparation of foodstuffs of
animal origin

Specific conditions

‘Lactic acid

X

For the regulation of the pH of
the
cheese
bath
production (1)

brine

in

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Name

Preparation of foodstuffs of
plant origin

Preparation of foodstuffs of
animal origin

Specific conditions

Citric acid

X

X

(1) The restriction concerns only animal products.
(2) The restriction concerns only plant products.’;

(b) the entry for ‘sulphuric acid’ is replaced by the following entries:

For the regulation of the pH of
the
cheese
bath
production (1)

brine

in

Oil production and hydrolysis of
starch (2)

Name

Preparation of foodstuffs of
plant origin

Preparation of foodstuffs of
animal origin

Specific conditions

‘Sulphuric acid

X

Hydrochloric acid

Ammonium
hydroxide

Hydrogen peroxide

(1) The restriction concerns only animal products.
(2) The restriction concerns only plant products.’;

X

X

X

X

Gelatine production (1)

Sugar(s) production (2)

Gelatine production

For the regulation of the pH of
the brine bath in the processing
of Gouda, Edam and Maas-
dammer
cheeses, Boerenkaas,
Friese and Leidse Nagelkaas

Gelatine production

Gelatine production

(c)

the entries for ‘Talc’, ‘Bentonite’ and ‘Kaolin’ are replaced by the following:

Name

Preparation of foodstuffs of
plant origin

Preparation of foodstuffs of
animal origin

Specific conditions

‘Talc

Bentonite

Kaolin

X

X

X

X

X

In compliance with the specific
purity criteria for food additive
E 553b

Sticking agent for mead (1)

In compliance with the specific
purity criteria for food additive
E 558

Propolis (1)

In compliance with the specific
purity criteria for food additive
E 559

(1) The restriction concerns only animal products.’;

(d) the following entry is inserted after the entry for ‘Kaolin’:

Name

Preparation of foodstuffs of
plant origin

Preparation of foodstuffs of
animal origin

Specific conditions

‘Cellulose

X

X

Gelatine production (1)

(1) The restriction concerns only animal products.’;

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(e)

the entries for ‘Diatomaceous earth’ and ‘Perlite’ are replaced by the following:

Name

Preparation of foodstuffs of
plant origin

Preparation of foodstuffs of
animal origin

Specific conditions

‘Diatomaceous earth

Perlite

X

X

(1) The restriction concerns only animal products.’;

X

X

Gelatine production (1)

Gelatine production (1)

(f)

the entry for ‘Preparations of microorganisms and enzymes’ is replaced by the following:

‘Preparations of microorganisms and enzymes:

Any preparations of microorganisms and enzymes normally used as processing aids in food processing, with the
exception of genetically modified microorganisms and with the exception of enzymes derived from “genetically
modified organisms” within the meaning of Directive 2001/18/EC (*).’