Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products
Date: 2010-12-17
Institutions: European Commission
Subjects: agricultural product, animal production, consumer protection, crop production, labelling, organic farming, organic product

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EUROPEAN COMMISSION 

Brussels, 17.12.2010 
COM(2010) 759 final 

2010/0364 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 834/2007 on organic production and labelling of 
organic products 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

To  align  the  Commission  implementing  powers  in  Council  Regulation  (EC)  No 
834/20071 to the differentiation between delegated and implementing powers of the 
Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of 
the European Union (TFUE). 

•  General context 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE) distinguish two different types of Commission acts: 

–  Article 290 of the TFUE allows the legislator to "delegate to the Commission the 
power  to  adopt  non-legislative  acts  of  general  application  to  supplement  or 
amend certain non-essential elements of a legislative act". Legal acts adopted by 
the Commission in this way are referred to in the terminology used by the Treaty 
as "delegated acts" (Article 290(3)). 

–  Article 291 of the TFUE allows Member States to "adopt all measures of national 
law necessary to implement legally binding Union acts". Those acts shall confer 
implementing  powers  on  the  Commission  where  uniform  conditions  for 
implementing them are needed. Legal acts adopted by the Commission in this way 
are  referred  to  in  the  terminology  used  by  the  Treaty  as  "implementing  acts" 
(Article 291(4)) 

•  Existing provisions in the area of the proposal 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE). 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

•  Collection and use of expertise 

There  was  no  need  for  consultation  of  interested  parties  or  for  external  expertise 
since  the  proposal  to  align  Council  Regulation  (EC)  No  834/2007  to  the  Lisbon 
Treaty is an inter-institutional matter that will concern all Council Regulations. The 

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OJ L 30, 31.1.2009, p. 16. 

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amendments  aiming  at  simplification  of  legislation  are  of  limited  scope  and  purely 
technical nature. 

•  Impact assessment 

No need of impact assessment since the proposal to align Council Regulation (EC) 
No 834/2007 to the Lisbon Treaty is an inter-institutional matter that will concern all 
Council Regulations. The amendments aiming at simplification are of limited scope 
and purely technical nature. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify  the  delegated  and  implementing  powers  of  the  Commission  in  Council 
Regulation  (EC)  No  834/2007  and  establish  the  corresponding  procedure  for 
adoption of these acts.  

In addition, an element of clarification in the field of accreditation is introduced.  

•  Legal basis 

Article 43 of the Treaty on the Functioning of the European Union. 

•  Subsidiarity principle 

Agricultural policy is of shared competence between the EU and the Member States. 
This  means  that  as  long  as  the  EU  does  not  legislate  in  the  sector  Member  States 
maintain  their  competence.  As  regards  organic  production  a  Community  approach 
already exists, and it is justified to simplify the current rules. 

•  Proportionality principle 

The proposal complies with the proportionality principle. 

•  Choice of instruments 

Proposed instrument: Regulation of the European Parliament and of the Council. 

4. 

BUDGETARY IMPLICATIONS 

This measure does not involve any additional Community expenditure. 

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2010/0364 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 834/2007 on organic production and labelling of 
organic products 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the 
first subparagraph of Article 42 and Article 43(2) thereof, 

Having regard to the proposal from the European Commission2, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee3, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council Regulation (EC) No 834/20074 confers powers on the Commission in order to 
implement some of the provisions of that Regulation. 

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred 
upon  the  Commission  under  Regulation  (EC)  No  834/2007  need  to  be  aligned  to 
Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union  (the 
Treaty). 

The  Commission  should  have  the  power  to  adopt  delegated  acts  in  accordance  with 
Article  290  of  the  Treaty  in  order  to  supplement  or  amend  certain  non-essential 
elements of Regulation (EC) No 834/2007. The elements for which that power may be 
exercised should be defined, as well as the conditions to which that delegation is to be 
subject. 

In  order  to  guarantee  a  uniform  application  of  Regulation  (EC)  No  834/2007  in  all 
Member States, the Commission should be empowered to adopt implementing acts in 
accordance  with  Article  291  of  the  Treaty.  The  Commission  should  in  particular  be 
empowered  to  adopt  implementing  acts  regarding  the  attribution  of  code  numbers 
under the control regime, the indication of origin for the products and uniform rules on 
the  exchange  of  information  to  be  sent  by  Member  States,  third  countries,  control 

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 189, 20.7.2007, p.1. 

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authorities and control bodies or made available by the Commission or the publication 
of  that  information,  as  well  as  for  the  recognition  of  third  countries  and  control 
authorities  and  control  bodies  for  the  purposes  of  equivalence  and  compliance.  Save 
where  explicitly  provided  otherwise, 
those 
implementing  acts  in  accordance  with  the  provisions  of  [Regulation  (EU)  No 
XX/XXXX of the European Parliament and the Council on …]. 

the  Commission  should  adopt 

(5) 

In the interest of clarity, the wording of the references to the European Standard EN 
45011 or ISO Guide 65 should be harmonised with other relevant Union acts. 

(6) 

Regulation (EC) No 834/2007 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) 834/2007 is amended as follows: 

(1) 

Article 8 is replaced by the following: 

"Article 8 

General requirements 

Operators  shall  comply  with  the  production  rules  set  out  in  this  Title  and  with  the 
specific  production  rules  and  the  measures  and  conditions  necessary  for  their 
implementation,  adopted  by 
the  Commission  by  means  of  delegated  and 
implementing acts pursuant to Articles 38a and 38b." 

(2) 

In Article 9, paragraph 4 is replaced by the following: 

"4.  The  Commission  shall,  by  means  of  delegated  acts  pursuant  to  Article  38a(1), 
decide on measures implementing the prohibition on the use of GMOs and products 
produced from or by GMOs." 

(3) 

In Article 11, the second paragraph is replaced by the following: 

"However,  in  accordance  with  specific  conditions  to  be  laid  down  by  the 
Commission by means of delegated acts pursuant to Article 38a(1), a holding may be 
split up into clearly separated units or aquaculture production sites which are not all 
managed  under  organic  production.  As  regards  animals,  different  species  shall  be 
involved.  As  regards  aquaculture  the  same  species  may  be  involved,  provided  that 
there is adequate separation between the production sites. As regards plants, different 
varieties that can be easily differentiated shall be involved." 

(4) 

(5) 

(6) 

(7) 

In Article 12, paragraph 3 is deleted. 

In Article 13, paragraph 3 is deleted. 

In Article 14, paragraph 2 is deleted. 

In Article 15, paragraph 2 is deleted. 

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(8) 

Article 16 is amended as follows: 

(a) 

In paragraph 1, the introductory part is replaced by the following: 

"1.  The  Commission  shall,  by  means  of  delegated  acts  pursuant  to  Article 
38a(1)(a)(ii),  authorise  for  use  in  organic  production  and  include  in  a 
restricted list the products and substances, which may be used in organic 
farming for the following purposes:" 

(b) 

In paragraph 3, point (a) is replaced by the following: 

"(a)  The  Commission  may,  by  means  of  delegated  acts  pursuant  to  Article 
38a(2)(a),  fix  limits  as  regards  the  agricultural  products  to  which  the 
products and substances referred to in paragraph 1 of this Article can be 
applied to, and, if necessary, decide on the withdrawal of those products 
and substances." 

(c) 

In paragraph 3, point (c) is replaced by the following: 

"(c)  Products and substances used before the adoption of this Regulation for 
purposes corresponding to those laid down in paragraph 1 of this Article 
may continue to be used after said adoption. The Commission may in any 
case  withdraw  such  products  or  substances  by  means  of  delegated  acts 
pursuant to Article 38a(1)(a)(ii) in accordance with the conditions to be 
adopted by means of delegated acts pursuant to Article 38a(2)(a)." 

(9) 

In Article 17, paragraph 2 is deleted. 

(10) 

In Article 18, paragraph 5 is deleted. 

(11) 

In Article 19(3), the second subparagraph is deleted. 

(12) 

In Article 20, paragraph 3 is deleted. 

(13) 

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

"2.  The  Commission  shall,  by  means  of  delegated  acts  pursuant  to  Article 
38a(1)(a)(ii),  decide  on  the  authorisation  of  the  products  and  substances  and 
their  inclusion  in  the  restricted  list  referred  to  in  paragraph  1  of  this  Article 
and,  if  necessary  on  the  withdrawal  of  products  from  that  list,  and  shall,  by 
means of delegated acts pursuant to Article 38a(2)(a), fix limits to be applied 
as regards their use. 

Where a Member State considers that a product or substance should be added 
to,  or  withdrawn  from  the  list  referred  to  in  paragraph  1,  or  that  the 
specifications  of  use  mentioned  in  this  paragraph  should  be  amended,  the 
Member State shall ensure that a dossier giving the reasons for the inclusion, 
withdrawal  or  amendments  is  sent  officially  to  the  Commission  and  to  the 
Member States. 

Requests for amendment or withdrawal, as well as decisions thereon, shall be 
published. Products and substances used before the adoption of this Regulation 

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and falling under Article 19(2)(b) and (c) may continue to be used after the said 
adoption. The Commission may in any case withdraw such products by means 
of  delegated  acts  pursuant  to  Article  38a(1)(a)(ii)  in  accordance  with  the 
conditions  to  be  adopted  by  means  of  delegated  acts  pursuant  to  Article 
38a(2)(a)." 

(14) 

Article 22 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  The  Commission  may,  by  means  of  delegated  acts  pursuant  to  Article 
38a(2)(c) and in accordance with the conditions set out in paragraph 2 of 
this Article and subject to the objectives and principles laid down in Title 
II, provide for the granting of exceptions from the production rules laid 
down in Chapters 1 to 4." 

(b)  Paragraph 3 is deleted 

(15) 

In Article 23, paragraph 6 is replaced by the following: 

"6.  The  Commission  may,  by  means  of  delegated  acts  pursuant  to  Article 

38a(2)(e), adapt the list of terms set out in the Annex." 

(16) 

Article 24 is amended as follows: 

(a)  Paragraph 1 is amended as follows: 

(i) 

Points (b) and (c) of the first subparagraph are replaced by the following: 

"(b)  the  organic  production  logo  of  the  European  Union  referred  to  in 
Article 25(1) as regards pre-packaged food shall also appear on the 
packaging; 

(c)  where the organic production logo of the European Union referred 
to  in  Article  25(1)  is  used,  an  indication  of  the  place  where  the 
agricultural  raw  materials  of  which  the  product  is  composed  have 
been farmed, shall also appear in the same visual field as the logo 
and shall take one of the following forms, as appropriate: 

– 

– 

– 

‘EU  Agriculture’,  where  the  agricultural  raw  material  has 
been farmed in the Union, 

‘non-EU  Agriculture’,  where  the  agricultural  raw  material 
has been farmed in third countries, 

‘EU/non-EU Agriculture’, where part of the agricultural raw 
materials  has  been  farmed  in  the  Union  and  a  part  of  it  has 
been farmed in a third country." 

(ii)  The fifth subparagraph is replaced by the following:  

"The use of the organic production logo of the European Union referred 
to in Article 25(1) and the indication referred to in the first subparagraph 

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of  this  paragraph  shall  be  optional  for  products  imported  from  third 
countries. However, where the organic production logo of the European 
Union referred to in Article 25(1) appears in the labelling, the indication 
referred to in the first subparagraph of this paragraph shall also appear in 
the labelling." 

(b)  Paragraph 3 is deleted. 

(17) 

Article 25 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  The organic production logo of the European Union may be used in the 
labelling,  presentation  and  advertising  of  products  which  satisfy  the 
requirements set out in this Regulation. 

The organic production logo of the European Union shall not be used in 
the  case  of  in-conversion  products  and  food  as  referred  to  in  Article 
23(4)(b) and (c)." 

(b)  Paragraph 3 is deleted. 

(18) 

In Article 26, the introductory part is replaced by the following: 

"The  Commission  shall,  by  means  of  delegated  acts  pursuant  to  Article  38a(1)(b), 
establish specific labelling and composition requirements applicable to:" 

(19) 

Article 27 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2. 

In addition to the conditions laid down in Regulation (EC) No 882/2004, 
the control system set up under this Regulation shall comprise at least the 
application of precautionary and control measures." 

(b) 

In paragraph 5, point (c) is replaced by the following: 

"(c) 

the  control  body  is  accredited  to  the  most  recent  version  of  European 
Standard  EN  45011  or  ISO  Guide  65  (General  requirements  for  bodies 
operating  product  certification  systems),  and  is  approved  by  the 
competent authorities;" 

(c) 

In paragraph 7, point (b) is replaced by the following: 

"(b)  the  competence  to  grant  exceptions,  as  referred  to  in  Article  22,  unless 
this  is  provided  for  in  the  specific  conditions  laid  down  by  the 
Commission by means of delegated acts pursuant to Article 38a(2)(c)."  

(20) 

In Article 28, paragraph 6 is deleted. 

(21) 

In Article 29, paragraph 3 is deleted. 

(22) 

In Article 30(2), the third subparagraph is deleted. 

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(23) 

Article 32(2) is amended as follows: 

(a)  The first two subparagraphs are replaced by the following: 

"The  Commission  shall,  by  means  of  implementing  acts  pursuant  to  Article 
38b(f), in accordance with the criteria to be adopted by means of delegated acts 
pursuant  to  Article  38a(1)(c)(v),  recognise  the  control  authorities  and  control 
bodies referred to in paragraph 1(b) of this Article, including control authorities 
and  control  bodies  as  referred  to  in  Article  27,  which  are  competent  to  carry 
out  controls  and  to  issue  the  documentary  evidence  referred  to  in  paragraph 
1(c) of this Article in third countries. 

The control bodies shall be accredited to the most recent version of European 
Standard  EN  45011  or  ISO  Guide  65  (General  requirements  for  bodies 
operating  product  certification  systems).  The  control  bodies  shall  undergo 
regular  on-the-spot  evaluation,  surveillance  and  multiannual  re-assessment  of 
their activities by the accreditation body." 

(b)  The following subparagraphs are added: 

"The  Commission  may,  by  means  of  implementing  acts  pursuant  to  Article 
38b(f), in accordance with the criteria to be adopted by means of delegated acts 
pursuant  to  Article  38a(1)(c)(v),  withdraw  the  recognition  of  the  control 
authorities and control bodies in cases of irregularities or infringements of the 
provisions set out in this Regulation. 

If  necessary  in  cases  of  urgency,  the  Commission  may  take  that  Decision 
acting in accordance with the second paragraph of Article 38g. In that case, the 
measures adopted shall be communicated forthwith to the Members States and 
shall take effect immediately." 

(24) 

Article 33 is amended as follows: 

(a)  Paragraph 2 is amended as follows: 

(i)  The first subparagraph is replaced by the following: 

"The  Commission  may,  by  means  of  implementing  acts  pursuant  to 
Article 38b(f), in accordance with the criteria to be adopted by means of 
delegated  acts  pursuant  to  Article  38a(1)(c)(v),  recognise  the  third 
countries  whose  system  of  production  complies  with  principles  and 
production rules equivalent to those laid down in Titles II, III and IV and 
whose  control  measures  are  of  equivalent  effectiveness  to  those  laid 
down in Title V. The assessment of equivalency shall take into account 
Codex Alimentarius guidelines CAC/GL 32." 

(ii)  The following subparagraphs are added: 

"The  Commission  may,  by  means  of  implementing  acts  pursuant  to 
Article 38b(f), in accordance with the criteria to be adopted by means of 
delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition 
of  third  countries  whose  system  of  production  no  more  complies  with 

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principles and production rules equivalent to those laid down in Titles II, 
III  and  IV  and  whose  control  measures  are  no  more  equivalent 
effectiveness to those laid down in Title V. 

If necessary in cases of urgency, the Commission may take that Decision 
acting  in  accordance  with  the  second  paragraph  of  Article  38g.  In  that 
case,  the  measures  adopted  shall  be  communicated  forthwith  to  the 
Members States and shall take effect immediately." 

(b)  Paragraph 3 is amended as follows: 

(i)  The first subparagraph is replaced by the following: 

"For  products  not  imported  under  Article  32  and  not  imported  from  a 
third country  which is  recognised under paragraph 2 of this  Article, the 
Commission  may,  by  means  of  implementing  acts  pursuant  to  Article 
38b(f),  in  accordance  with  the  criteria  to  be  adopted  by  means  of 
delegated  acts  pursuant  to  Article  38a(1)(c)(v),  recognise  the  control 
authorities  and  control  bodies,  including  control  authorities  and  control 
bodies  as  referred  to  in  Article  27,  competent  to  carry  out  controls  and 
issue certificates in third countries for the purpose of paragraph 1 of this 
Article.  The  assessment  of  equivalency  shall  take  into  account  Codex 
Alimentarius guidelines CAC/GL 32." 

(ii)  The following subparagraphs are added:  

"The  Commission  may,  by  means  of  implementing  acts  pursuant  to 
Article 38b(f), in accordance with the criteria to be adopted by means of 
delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition 
of  the  control  authorities  and  control  bodies  in  cases  of  irregularities  or 
infringements of the provisions set out in this Regulation. 

If necessary in cases of urgency, the Commission may take that Decision 
acting  in  accordance  with  the  second  paragraph  of  Article  38g.  In  that 
case,  the  measures  adopted  shall  be  communicated  forthwith  to  the 
Members States and shall take effect immediately." 

(25) 

The following Article 36a is inserted: 

"Article 36a 

Publication and notification  

The  Commission  shall  in  accordance  with  the  rules  to  be  adopted  by  means  of 
implementing  acts  pursuant  to  Article  38b(b)  establish,  publish,  make  available  or 
diffuse  the  information  to  be  identified by  means  of  implementing  acts  pursuant  to 
Article  38b(a),  as  well  as  the  lists  of  third  countries  and  control  authorities  and 
control bodies recognised in accordance with Articles 32 and 33." 

(26) 

Articles 37 and 38 are deleted. 

(27) 

The following Articles are inserted: 

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"Article 38a 

Delegated powers 

1. 

In order to better take account of the expectations of consumers regarding the 
quality of organic products and to ensure the adequate application of rules by 
the  authorities,  bodies  and  operators  concerned  and  the  proper  functioning  of 
the single market and trade, the Commission shall, by means of delegated acts, 
adopt specific rules, measures and conditions necessary for the application of 
this Regulation, including the specific definitions related to its scope, subject to 
the objectives and principles laid down in Title II, for the following: 

(a) 

the production rules laid down in Title III, in particular: 

(i) 

(ii) 

the specific requirements, conditions and conversion periods to be 
respected by operators;  

the  authorisation  of  products  and  substances  for  use  in  organic 
production,  their  inclusion  in  a  restricted  list  or  the  withdrawal 
from that list for the purposes of Articles 16 and 21; 

(iii) 

the processing methods for processed food; 

(iv) 

the conditions of application of the prohibition on the use of GMOs 
and products produced from or by GMOs; 

(v) 

the definition of the periods referred to in Article 17(1)(c) to (f). 

(b) 

the  labelling  rules,  requirements  and  specific  criteria  as  regards 
presentation,  composition,  size  and  design  of  the  organic  logo  of  the 
European  Union  as  well  as  the  conditions  and  rights  of  its  use,  in 
accordance with Title IV; 

(c) 

the control systems established under Titles V and VI, in particular: 

(i) 

the control requirements, supervision and audit procedures,  

(ii) 

the  criteria  for  approval  of  control  bodies  for  the  purposes  of 
Article 27, 

(iii) 

the  specific  criteria  for  delegation  of  tasks  to  the  control  bodies 
referred to in point (ii),  

(iv) 

the form of the documentary evidence, 

(v) 

the  criteria  to  be  applied  as  regards  the  recognition  of  third 
countries  for  the  purposes  of  Article  33(2)  and  as  regards  the 
recognition  of  control  authorities  and  control  bodies  for  the 
purposes of Article 32(2) and Article 33(3),  

(vi) 

the criteria to be applied as regards the withdrawal of approval or 
recognition  and  of  documentary  evidence,  including  the  cases  for 

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which  the  Commission  may  act  as  a  matter  of  urgency  in 
accordance with the second paragraph of Article 38g. 

(vii)  the  criteria  to  be  applied  as  regards  the  identification  and 
publicising of an undertaking submitted to the control system,  

(viii)  the rules to be applied for placing products from third countries on 

the Union market as organic;  

(d) 

the free movement of organic products. 

2. 

In  order  to  take  account  of  the  technical  development  and  the  specificities  of 
the sector, the Commission may, by means of delegated acts and subject to the 
objectives  and  principles  laid  down  in  Title  II,  adopt  rules  necessary  for  the 
application of this Regulation for the following:  

(a) 

the  authorisation,  limitation,  restriction  or  prohibition  of  specific 
techniques for the purposes  of  Articles  12  to  16,  18,  19  and  20  and  the 
conditions and limits as regards use of substances and products and their 
withdrawal,  in  particular  the  application  method,  the  dosage,  the  time 
limits for use and the contact with agricultural products ;  

(b) 

the specific production rules for yeast; 

(c) 

(d) 

the granting of exceptions from production rules and specific conditions 
for the application of those exceptions for the purposes of Article 22; 

the  transitional  measures  to  facilitate  the  transition  from  the  rules 
established by Regulation (EEC) No 2092/91 to this Regulation; 

(e) 

the adaptation of the list of terms set out in the Annex. 

3. 

In  order  to  ensure  transparency  by  fast,  efficient,  accurate  and  cost  effective 
exchange  of  information,  the  Commission  shall  by  means  of  delegated  acts 
define: 

(a) 

the nature and type of information to be notified;  

(b) 

the methods of notification of the information; 

(c) 

the  rules  related  to  the  access  rights  to  the  information  or  information 
systems made available; 

(d) 

the means of publication of the information." 

"Article 38b 

Implementing powers 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  necessary 
provisions aiming at reaching a uniform application of this Regulation in the Union, 
in particular relating to the following: 

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(a) 

details and specifications regarding the content, form and way of notification, 
submission  and  exchange  of  information  required  in  the  framework  of  this 
Regulation: 

(i) 

(ii) 

from the operators, in particular with regard to the information included 
in the submission and notification referred to in Article 28(1) and Article 
29(1), 

from  or  between  the  control  bodies,  control  authorities,  competent 
authorities of the Member States, third countries and the Commission, in 
particular in accordance with Articles 22, 30 to 33, 35 and 36; 

conditions  and  means  of  publication  or  specific  rules  and  conditions  for  the 
diffusion  or  making  available  by  the  Commission  to  the  operators,  the 
competent  authorities,  control  authorities  and  control  bodies  and  to  the 
Member  States  or  third  countries  the  information  referred  to  in  point  (a)  and 
the lists of third countries or control authorities and control bodies designated 
pursuant to Article 27 or recognised pursuant to Articles 32 and 33; 

the methods and conditions to be taken into account as regards the electronic 
certification,  in  particular  for  the  certificates  referred  to  in  Article  29  and 
Article 33(1) (d); 

the  attribution  of  code  numbers  to  control  bodies  and  control  authorities  and 
the  indication  of  the  place  where  the  agricultural  raw  materials  have  been 
farmed in accordance with Article 24; 

the  specific  criteria  as  regards  the  presentation,  composition  and  size  of  the 
indications referred to in Article 24(1)(a) and (c); 

the  recognition  and  withdrawal  of  third  countries  and  control  authorities  and 
control bodies for the purposes of Article 32(2) and Article 33(2) and (3)." 

(b) 

(c) 

(d) 

(e) 

(f) 

"Article 38c 

Commission powers 

Where  powers  are  conferred  upon  the  Commission,  it  shall  act  in  accordance  with 
the  procedure  referred  to  in  Article  38d  in  the  case  of  delegated  acts  and  in 
accordance with the procedure referred to in Article 38g in the case of implementing 
acts, save where explicitly provided otherwise in this Regulation." 

"Article 38d 

Exercise of the delegation 

1. 

The powers to adopt the delegated acts referred to in this Regulation shall be 
conferred on the Commission for an indeterminate period of time. 

2.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council. 

EN 

13 

   EN 

3. 

The powers to adopt delegated acts are conferred on the Commission subject to 
the conditions laid down in Articles 38e and 38f." 

"Article 38e 

Revocation of the delegation 

1. 

2. 

3. 

The delegation of power referred to in Article 38a and 38d may be revoked by 
the European Parliament or by the Council. 

The  institution  which  has  commenced  an  internal  procedure  for  deciding 
whether to revoke the delegation of power shall endeavour to inform the other 
institution  and  the  Commission  within  a  reasonable  time  before  the  final 
decision  is  taken,  indicating  the  delegated  powers  which  could  be  subject  to 
revocation and possible reasons for a revocation. 

The  decision  of  revocation  shall  put  an  end  to  the  delegation  of  the  powers 
specified  in  that  decision.  It  shall  take  effect  immediately  or  at  a  later  date 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official Journal of the European Union." 

"Article 38f 

Objections to delegated acts 

1. 

2. 

The  European  Parliament  and  the  Council  may  object  to  the  delegated  act 
within a period of two months from the date of notification. At the initiative of 
the  European  Parliament  or  the  Council  this  period  shall  be  extended  by  one 
month. 

If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council 
has objected to the delegated act, it shall be published in the Official Journal of 
the European Union and shall enter into force at the date stated therein. 

The  delegated  act  may  be  published  in  the  Official  Journal  of  the  European 
Union  and  enter  into  force  before  the  expiry  of  that  period  if  the  European 
Parliament  and  the  Council  have  both  informed  the  Commission  of  their 
intention not to raise objections. 

3. 

If the European Parliament or the Council objects to a delegated act, it shall not 
enter  into  force.  The  institution  which  objects  shall  state  the  reasons  for 
objecting to the delegated act." 

"Article 38g 

Implementing acts – Committee of organic production 

Where implementing acts are  adopted  pursuant to this Regulation, the Commission 
shall be assisted by the Committee on organic production and the procedure provided 
for in Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the 
adoption of the regulation on control mechanisms, as referred to in Article 291(2) of 

EN 

14 

   EN 

 
the  TFEU,  currently  the  subject  of  discussion  by  the  European  Parliament  and  the 
Council) shall apply." 

In the cases of urgency provided for in Article 32(2) and Article 33(2) and (3) of this 
Regulation,  the  procedure  provided  for  in  Article  [6]  of  Regulation  (EU)  No 
[xxxx/yyyy] shall apply." 

(28) 

Article 41 is amended as follows: 

(a)  The title is replaced by the following: 

"Report to the European Parliament and the Council" 

(b)  Paragraph 1 is replaced by the following: 

"1.  By  31  December  2011,  the  Commission  shall  submit  a  report  to  the 

European Parliament and the Council." 

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 […], 

For the European Parliament 
The President 

For the Council 
The President 

EN 

15 

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FINANCIAL STATEMENT 

1. 

BUDGET HEADING: 

Title 05: agriculture and rural development 

Fin Stat 
/10/680779/rev1 
MK/CC 
6.0.2010.1 

DATE: 19/11/2010 

APPROPRIATIONS: 
B2010:  
CA: 58,080.7 M € 
PA: 57,077.2 M € 

2. 

3. 

4. 

TITLE: 
Proposal for a Regulation of the European parliament and of the Council amending Council Regulation 
(EC) No 834/2007 on organic production and labelling of organic products  

LEGAL BASIS:  
Article 42 and Article 43 (2) of the Treaty on the Functioning of the European Union 
AIMS: 
Alignment of the Commission implementing powers in Council Regulation (EC) No 834/2007 to the 
differentiation between delegated and implementing powers of the Commission introduced by Articles 
290 and 291 of the Treaty on the Functioning of the European Union (TFUE). 

5. 

FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

(EUR) 

CURRENT 
FINANCIAL 
YEAR 
2010 
(EUR) 

FOLLOWING 
FINANCIAL 
YEAR 
2011 
(EUR) 

5.0 

CHARGED TO THE EU BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EU  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

2012 

2013 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION:  
6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

YES NO 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

YES NO 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS:  
This proposal relates to the overall "Lisbon alignment" of Council Regulation (EC) No 834/2007 and, therefore, 
it does not have any budgetary impact. 

YES NO 

YES NO 

EN 

16 

   EN