Commission Regulation (EC) No 404/2008 of 6 May 2008 amending Annex II to Council Regulation (EEC) No 2092/91 on organic production of agricultural products as concerns the authorisation of spinosad, potassium bicarbonate and copper octanoate and the use of ethylene
Date: 2008-05-06
Institutions: European Commission
Subjects: agricultural product, foodstuff, hydrocarbon, microorganism, mode of production, organic farming, pesticide, plant health product

L 120/8

EN

Official Journal of the European Union

7.5.2008

COMMISSION REGULATION (EC) No 404/2008

of 6 May 2008

amending Annex II to Council Regulation (EEC) No 2092/91 on organic production of agricultural
products as concerns the authorisation of spinosad, potassium bicarbonate and copper octanoate
and the use of ethylene

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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
foodstuffs (1) and in particular Article 7(3) thereof,

Whereas:

(1)

(2)

(3)

In accordance with the procedure provided for
in
Article 7(4) of Regulation (EEC) No 2092/91, certain
Member States have submitted information to the other
Member States and the Commission in view of including
certain products in Annex II to that Regulation.

The Commission had invited an ad-hoc expert group to
provide recommendations on the authorisation for use in
organic farming of spinosad, potassium bicarbonate and
copper octanoate and on the extension of the use of
ethylene to the degreening of citrus and to sprouting
inhibition in potatoes and onions,
in the light of the
principles governing organic farming.

The expert group delivered a report to the Commission
Services dated 22 and 23 January 2008 (2) which recom-
mended authorising spinosad, potassium bicarbonate and
copper octanoate under certain conditions and to extend
the use of ethylene to the degreening of citrus and to
sprouting inhibition in potatoes and onions under certain
conditions. In the light of the report of this expert group,
and the factors set out below, the Commission considers
that certain products
should be allowed in organic
farming, and the use of ethylene should be extended.

Spinosad is a new insecticide from microbial origin that
is found to be essential for the control of some key-pests
and contributes to the sustainability of the production
system for other crop-pest situations. However, when
using it,
the risk to non-target organisms should be
minimised.

In relation to the inclusion of spinosad, it needs to be
clarified that micro-organisms are generally allowed in
organic farming for pest and disease control, while
products produced by micro-organisms need to be
listed individually.

Potassium bicarbonate is found to be essential against
various fungal diseases in a range of crops and may
contribute to the reduction of the use of copper and
sulphur in certain crop-pest combinations.

Copper octanoate is a new formulation of copper that
can be used for the same purpose as other copper
compounds already included in Part B of Annex II to
Regulation (EEC) No 2092/91. The total amount of
copper to be applied per season is lower when copper
octanoate is used.

Ethylene is already included in Part B of Annex II to
Regulation (EEC) No 2092/91 as a substance of tradi-
tional use in organic farming. It has appeared appropriate
to complete the conditions for use of that substance with
two additional uses that are deemed to be essential:
degreening of citrus fruits, when such a treatment
is
part of a strategy to prevent
fly damage, and
sprouting inhibition of stored potatoes and onions.

fruit

(5)

(6)

(7)

(8)

(9)

Annex II
therefore be amended accordingly.

to Regulation (EEC) No 2092/91 should

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

last amended by
Commission Regulation (EC) No 123/2008 (OJ L 38, 13.2.2008,
p. 3).

(2) Report of the ad-hoc expert group on pesticides in organic food
production, 22-23 January 2008, http://ec.europa.eu/agriculture/
qual/organic/publi/pesticides_en.pdf

(10)

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

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EEC) No 2092/91 is amended in accordance with the Annex to this Regulation.

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

Article 2

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

Done at Brussels, 6 May 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX

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

In Part B ‘Pesticides’, point 1. ‘Products for plant protection’ is amended as follows:

(1) Table II ‘Microorganisms used for biological pest control’, is replaced by the following:

‘II. Microorganisms used for biological pest and disease control

Name

Description, compositional requirements, conditions for use

Microorganisms (bacteria, viruses and fungi)

Only strains not genetically modified in the meaning of
Directive 2001/18/EC of the European Parliament and of
the Council (*).

IIa Substances produced by microorganisms

Name

Description, compositional requirements, conditions for use

Spinosad

Insecticide;

Only if produced by strains not genetically modified in the
meaning of Directive 2001/18/EC.

Only when measures are taken to minimise the risk to key
parasitoids and to minimise the risk of development of
resistance.

Need recognised by the inspection body or inspection
authority.

(*) OJ L 106, 17.4.2001, p. 1.’

(2) Table IV ‘Other substances from traditional use in organic farming’ is amended as follows:

(a) The entry concerning copper, under the column entitled ‘Name’, is replaced by the following:

‘Copper in the form of copper hydroxide, copper oxychloride, (tribasic) copper sulphate, cuprous oxide, copper
octanoate’

(b) The entry concerning ‘ethylene’ is replaced by the following:

Name

Description, compositional requirements, conditions for use

‘(*) Ethylene

Degreening of bananas, kiwis and kakis; degreening of
citrus fruit only as part of a strategy for the prevention
of fruit fly damage in citrus; flower induction of pineapple;
sprouting inhibition in potatoes and onions.

Need recognised by the inspection body or inspection
authority.’

(3)

In Table V ‘Other substances’, the following entry is added:

Name

Description, compositional requirements, conditions for use

‘Potassium bicarbonate

Fungicide.’