Commission Regulation (EC) No 1254/2008 of 15 December 2008 amending Regulation (EC) No 889/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
Date: 2008-12-15
Institutions: European Commission
Subjects: agricultural product, egg, enzyme, food colouring, labelling, microorganism, organic product

L 337/80

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Official Journal of the European Union

16.12.2008

COMMISSION REGULATION (EC) No 1254/2008

of 15 December 2008

amending Regulation (EC) No 889/2008 laying down detailed rules for implementation of Council
Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard
to organic production, labelling and control

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 834/2007 of
28 June 2007 on organic production and labelling of organic
products and repealing Regulation (EEC) No 2092/91 (1), and in
particular Article 20(3), Article 21(2), Article 22(2) and
Article 38(a) thereof,

(6)

Whereas:

(1)

(2)

and in particular
Regulation (EC) No 834/2007,
Article 20 thereof,
lays down basic requirements for
the production of organic yeast. Detailed rules for the
implementation of
those requirements should be laid
down in Commission Regulation (EC) No 889/2008 (2).

Since provisions for the production of organic yeast
should be introduced, the scope of Regulation (EC) No
889/2008 should now also encompass yeasts used as
food and feed.

(7)

(3) With a view to help organic farmers to find adequate
feed supply for their animals and to facilitate conversion
of organic area,
rising consumer
demand for organic products, it is appropriate to allow
the use of up to 100 % in-conversion feedingstuffs,
produced on the farmers’ own holding,
in the feed
ration of organic animals.

in order

to meet

(4)

According to Annex VI(B) to Council Regulation (EEC)
No 2092/91 (3) only
enzymes normally used as
processing aids were allowed to be used in organic
processing, enzymes used as food additives would have
to be in the list of authorised food additives of Annex
VI(A)(A.1)
is necessary to re-
introduce this provision in the new implementing rules.

to that Regulation.

It

(1) OJ L 189, 20.7.2007, p. 1.
(2) OJ L 250, 18.9.2008, p. 1.
(3) OJ L 198, 22.7.1991, p. 1. Regulation (EEC) No 2092/91 is repealed
and replaced by Regulation (EC) No 834/2007 as from 1 January
2009.

Since yeast is not considered as an agricultural product
within the meaning of Article 32(3) of the Treaty and in
order to allow the labelling of organic yeast as organic, it
is necessary to amend the provision on the calculation of
ingredients. However, the calculation of yeast and yeast
products as agricultural ingredients will be obligatory as
of 31 December 2013. This time period is necessary for
the industry to be able to adjust.

The decorative colouring of boiled eggs is traditional in
certain regions of the European Union at a certain period
of the year, and as organic eggs may also be coloured
and placed on the market, certain Member States lodged
a request to allow colours for this purpose, a panel of
independent experts was examining certain colours and
different other substances for disinfecting and conserving
the boiled eggs (4) and concluded that a number of
natural colours could be authorised, as well as synthetic
forms of iron oxides and iron hydroxides on a temporary
the
basis. Given the local and seasonal character of
production it
to
to give
competent authorities the capacity to give relevant au­
thorisations.

is however

appropriate

that are necessary for

As recommended by a panel for organic yeast (5) several
products and substances
the
production of organic yeast, yeast confections and
formulations should be authorised under Article 21 of
Regulation (EC) No 834/2007. Article 20 of that Regu­
lation provides that only organically produced substrates
are to be used for the production of organic yeast and
organic yeast should not be present in organic food or
feed together with non-organic yeast. However, the panel
of experts has in its conclusions of 10 July 2008 recom­
mended temporarily allowing 5 % non-organic yeast
extract, until organic yeast extract is available, as ad­
ditional substrate for the production of organic yeast as
a source of nitrogen, phosphor, vitamins and minerals. In
accordance to the flexibility rules under Article 22(2)(e)
of that Regulation 5 % non-organic yeast extract should
be authorised for the production of organic yeast.

(8)

Regulation (EC) No 889/2008 should therefore be
amended accordingly.

(4) Recommendations

concerning ‘an application for
organic Easter eggs’ www.organic-farming.europa.eu

from the Group of
eggshell

Independent
colouring agents

Experts
for

(5) Recommendations from the Group of

Independent Experts on

‘Provisions on organic yeast’ www.organic-farming.europa.eu

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Official Journal of the European Union

L 337/81

(9)

The amendments should apply from the date of appli­
cation of Regulation (EC) No 889/2008.

4. The following Article 27a is inserted:

(10)

The measures provided for in this Regulation are in
accordance with
the Regulatory
Committee on Organic Production,

opinion of

the

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 889/2008 is amended as follows:

1. In Article 1(2), point (d) is deleted.

‘Article 27a

For the purpose of the application of Article 20(1) of Regu­
lation (EC) No 834/2007, the following substances may be
used in the production, confection and formulation of yeast:

(a) substances listed in Annex VIII, Section C to this Regu­

lation;

(b) products and substances referred to in Article 27(1)(b)

and (e) of this Regulation.’

2. In Article 21, paragraph 1 is replaced by the following:

5. In Chapter 6 of Title II, the following Section 3a is inserted:

‘1.
Up to 30 % of the feed formula of rations on average
may comprise in-conversion feedingstuffs. When the in-
conversion feedingstuffs come from a unit of the holding
itself, this percentage may be increased to 100 %.’

3. Article 27 is amended as follows:

‘S e c t i o n 3 a

p r o d u c t i o n

E x c e p t i o n a l
r e g a r d t o t h e u s e o f
a n d
s u b s t a n c e s
a c c o r d a n c e w i t h A r t i c l e
R e g u l a t i o n ( E C ) N o 8 3 4 / 2 0 0 7

w i t h
r u l e s
s p e c i f i c p r o d u c t s
i n
p r o c e s s i n g
o f
2 2 ( 2 ) ( e )

t h e

i n

(a)

in paragraph 1(b), the following sentence is added:

Addition of non-organic yeast extract

Article 46a

‘however, enzymes to be used as food additives have to
be listed in Annex VIII, Section A.’;

(b) in paragraph 2, the following point (c) is added:

Where the conditions laid down in Article 22(2)(e) of Regu­
lation (EC) No 834/2007 apply, the addition of up to 5 %
non-organic yeast extract or autolysate to the substrate
(calculated in dry matter) is allowed for the production of
organic yeast, where operators are unable to obtain yeast
extract or autolysate from organic production.

‘(c) yeast and yeast products shall be calculated as ingre­
dients of agricultural origin as of 31 December
2013.’;

The availability of organic yeast extract or autolysate shall be
re-examined by 31 December 2013 with a view to with­
drawing this provision.’

(c)

the following paragraph 4 is added:

6. Annex VIII is amended in accordance with the Annex to this

Regulation.

‘4.
For the traditional decorative colouring of the shell
of boiled eggs produced with the intention to place them
on the market at a given period of
the
competent authority may authorise
the period
the use of natural colours and
referred to above,
natural
authorisation may
comprise synthetic forms of
iron oxides and iron
hydroxides until 31 December 2013. Authorisations
shall be notified to the Commission and the Member
States.’

coating substances. The

the year,

for

Article 2

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

It shall apply from 1 January 2009.

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Official Journal of the European Union

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

Done at Brussels, 15 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

ANNEX

Annex VIII to Regulation (EC) No 889/2008 is amended as follows:

1. the title of Annex VIII is replaced by the following:

‘Certain products and substances for use in production of processed organic food, yeast and yeast products
referred to in Article 27(1)(a) and Article 27a(a)’;

2. the following Section C is added:

‘SECTION C — PROCESSING AIDS FOR THE PRODUCTION OF YEAST AND YEAST PRODUCTS

Name

Primary yeast

Yeast confections/
formulations

Specific conditions

Calcium chloride

Carbon dioxide

Citric acid

Lactic acid

Nitrogen

Oxygen

Potato starch

Sodium carbonate

Vegetable oils

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

the

For
production

the

For
production

regulation of

the pH in yeast

regulation of

the pH in yeast

For filtering

For the regulation of the pH

Greasing, releasing or anti-foaming agent’