CELEX: 51993PC0558
Language: en
Date: 1993-11-12
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) n° 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0M(93) 558 final
                                                  Brussels, 12 November 1993
  M
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                                     Proposal for a
                                COUNCIL REGULATION (EEC)
                       amending Régulât Ion(EEC) N*2092/91 on organic
            production of agricultural products and Indications    rmfmrn^
                                                       na,cai,ons r f
                                                                             *K   *
            on agricultural products and foodstuffs                 « ^rlng thereto
 taV, 1
                             (presented by the Commission)
i&'
 ---pagebreak---                                      - 2-
                           EXP Ianatorv Memorandum
1. Regulation (EEC) N*2092/91, as amended by Regulation (EEC)
   N*2083/92, sets up a harmonised framework for the labelling,
   production and inspection of agricultural foodstuffs bearing, or
   intended to bear, indications referring to organic production
   methods.
   The current   proposal alms to amend a number of provisions           of   this
   Regulation
a) What are the objectives of the act Ion envisaged in this proposal            In
   connection with the obligation the Community has ?
   Council     Regulation    (EEC) N* 2092/91          provides   for      certain
   transitional     provisions     expiring     on    1.07.1994   and      certain
   provisions subject to review by 1.7.1994 (see points 2 and 3 of
   this memorandum). In this context the Commission has reviewed the
   main provisions      of the Regulation        In consultation   with Member
   States and Industry. Where the review showed that amendments were
   necessary or appropriate        to Improve the implementation of the
   Regulation,    the Commission introduced appropriate          proposals for
   such amendments.
b) Does the action envisaged fall within the exclusive competence of
   the Community or Is It a competence shared with the Member States ?
   Council Regulation (EEC) N' 2092/91 already regulates on the basis
   of Article    43 of the Treaty, the product Ion standards,            labelling
   requirements and Inspection arrangements, for products placed on
   the market with a labelling         referring    to the organic     production
   method. The present proposal amends, precises or completes the
   provisions    of Regulation     (EEC) N' 2092/91,        and therefore     this
   action fa/Is within the exclusive competence of the Community.
c)  Is a uniform regulation       necessary or would a directive giving
   general objectives be sufficient in the case that the execution
   would be done by Member States ?
   The main objectives of Regulation (EEC) N' 2092/91 are to
   -    to establish conditions of fair competition between the
        producers in the Community of organically produced products;
        to improve the credibility of such products in the eyes of
        consumers;
        to ensure      free circulation of such products through the
        Community
        to promote in this way an agricultural activity which may
        contribute to a better balance betweeen supply and demand of
        agricultural products and to the environment.
   To ensure these objectives being satisfied, obligatory production
   standards and labelling rules are necessary with sufficient
   precision, leaving however, where possible, flexibility for
    implementation by operators. With regard to the setting up of the
   inspection the same principles must apply in all the Member States.
 ---pagebreak---                                  - 3 -
d) What modalities for action are at the disposal of the Community
   (recommandation, financial aid, regulation, mutual recognition).
   For the reasons mentioned above a regulatory action is necessary;
   also the possibility for financial aid under certain conditions has
   been provided for in the framework of Regulation (EEC) N* 2078/92.
2. Article 5 (5) of Regulation (EEC) n' 2092/91 provides that during a
   transitional period expiring on 1 July 1994, products may be
    labelled as organically produced even during the conversion period
   if certain conditions are satisfied. From the consultations that
   the Commission has had with the experts of Member States and the
   industries concerned, it appeared that there is a large concensus
   to maintain after 1 July 1994 the possibility for a specific
   labelling of products obtained during the conversion period.
   Effectively, during the conversion period set at 2 full years
   before the first harvest, the producer is fully subject to the
   production standards of the Regulation, in particular the severe
   restrictions with regard to the use of fertilisers and plant
   protection   products. In the absence of        specific   labelling
   provisions, he would not be able to valorise such products in the
   market. From the above mentioned consultations it appears also
   that in general the provisions relating to the duration of the
   conversion period as set out in Annex I of the Regulation may be
   maintained.
   The Commission, therefore, proposes to transform Article 5 (4)
    into a permanent provision. To avoid discontinuity of specific
    labelling of products produced during the conversion period the
   proposal should be adopted by the Council before the 1st July 1994.
   This amendment has been proposed in Article 1(10) of the present
   proposa I.
3. The provisions of Article 5 (9), Article 10 (7) and Article 11 (6)
   of Regulation (EEC) N*2092/91, as amended by Regulation (EEC) n'
   2083/92, provide that the Commission would review by 1 July 1994
   the provisions concerning the labelling of organically produced
   products (article 5 ) , the use of Community inspection indication
   (article 10) as well as the import regime for products from third
   countries (article 11).
   Since the adoption of the Regulation in July 1991 and in particular
   since the entry into force of its provisions in Articles 5, 8(1)
   and 11 (1) in January 1993, it has appeared that the above
   mentioned provisions as well as some other provisions required a
   number of technical improvements for their proper implementation by
   farmers and the food industry.
    In particular,    it   has  appeared  from  the   above  mentioned
   consultations:
   (a) that the provisions of Article 5 (6) with regard to labelling
   of processed products which contain less than 95 % of organically
   produced agricultural ingredients are too restrictive. They in
   fact make the marketing of an important category of products which
   cannot comply with the 95 % level, impossible due to the fact that
   certain ingredients of agricultural origin are not produced at all
   (exotic products) or not in sufficient quantities in the Community
 ---pagebreak---                                  - 4 -
   according to the organic production method. The current provisions
   of Article 5 (6) limit any indications referring to the organic
   production method to the list of ingredients. The proposal
   therefore provides, in relation to processed products v.i.ich contain
   more than 70 per cent ingredients of agricultural origin for a
   specific statement permitting the total percentage of the
   organically produced ingredients of agricultural origin to be
   declared. This amendment has been introduced in Article 5(6)(b)
   Article 1(11) of the present proposal . At the same time paragraphs
   8 to 14 of Article 1 of the present proposal aim to clarify the
   current provisions of Article 5 without introducing substantial
   amendments.
   (b) that whilst a specific EEC indication referring to the EEC
   regime (Annex V to regulation (EEC) n* 2092/91) should be
   maintained as an option for operators, the use of this indication,
   however, should be restricted to situations which are fully covered
   by the inspection regime, i.e. direct sales from the producer to
   the consumer and products placed on the market as prepared
   foodstuffs (see Article 1(22) of the present proposal).
    (c) that there is an urgent need for clear provisions with regard
   to the origin of the reproductive material to be used in organic
   farming. The proposal provides for the principle that reproductive
   material should be obtained from organically grown plants, but at
   the same time provides for flexible transitional arrangements
   permitting the use of conventional reproductive material in cases
   where such material obtained from organic production is not
   available (see Article 1(15) and (16) of the present proposal).
   (d) that there is a need to maintain the parallel functioning of
   the     arrangements for this evaluation of equivalency in third
   countries by the Commission (covered by Article 11(2) of Regulation
   (EEC) n* 2092/91) and by the Member States (covered by Article
   11(6), created by Council Regulation (EEC) n' 2083/92). The
   procedure of Article 11(6) has been shown to be very effective, in
   particular for the evaluation of the equivalency for small scale
   production projects in third countries, whose produce is imported
    into the Community by one or a very limited number of importers.
   The Commission feels that this procedure should be maintained and
    the present proposal, in Article 1(26), provides for an improvement
   of the parallel functioning of the two evaluation procedures.
    (e) that for a number of provisions the current text needs to be
   clarified. Therefore the proposal (see paragraphs 2 to 6, 14, 17
    to 20, 22 to 24 of Article 1) contains redrafted provisions for
   certain parts of Articles 4, 6, 7, 9, 10 and 11.
4.  In line with the provisions provided for in Regulation (EEC)
   n' 2081/92 of 14 July 1992 on the protection of geographical
    indications of origin for agriculutural products and foodstuffs,
   and Regulation (EEC) n' 2082/92 of 14 July 1992 on certificates of
   specific character for agricultural products and foodstuffs, which
   provide    for   similar  inspection   arrangements  as Regulation
    (EEC) 2092/91, the current proposal provides :
        that the private inspection bodies approved by Member States
        satisfy the Standard EN45011 of 26 June 1989 by 1 January 1998
        (see Article 1(21) of the present proposal);
 ---pagebreak---         the possibility for the Commission to develop a Community
        symbol which would replace or complete the indication "Organic
        Farming - EEC Inspection System" provided for in Annex V of
        Regulation (EEC) N*2092/91 (see Article 1(28) of the present
        proposa I);
        a mandate to the Commission to adopt detailed rules for
        applying the Regulation, where necessary (see Article 1(27) of
        the present proposal).
5. The Commission feels that the current review covers conclusions
   from only a very short period of implementation of the labelling
   provisions. Therefore a further review of these provisions should
   be envisaged after a longer period of implementation. The proposal
   provides for such review by 30 June 1999, 5 years after the
   envisaged date of adoption of this proposal by Council (see Article
   1(13) of the present proposal).
6. Since adoption by the Council of Regulation (EEC) N' 2092/91, which
   was restricted in a first phase to unprocessed agricutural crop
   products    and  processed   foodstuffs  essentially   composed  of
   ingredients of plant origin, the Commission has concentrated on the
   proper management of the regime. As explained above, this short
   experience has shown that a number of provisions need to be
   clarified or improved now to permit proper implementation. In this
   new field of regulation, it is expected that further improvements
   may become necessary in the light of longer experience.
   In this situation, it appeared premature to extent at this stage
   the scope of this Regulation to animal products, given also the
   greater complexity of the issues involved. The Commission has
   therefore given priority to the development of the present proposal
   which aims primarily to improve the functioning of the current
   regime.
   Although preparative technical work to develop the standards and
   specific inspection rules for animal products is in hand, the
   Commission considers it would be prudent to delay finalisation of a
   proposal on animal products to the more realistic date of 30 June
   1995 (see Article 1(1) of the present proposal).
7. The proposal is unlikely to have a negative     impact on business,
    including SME.
 ---pagebreak---                                    - 6 -
                             Proposal for a
                       COUNCIL REGULATION (EEC)
amending           Régulât ion (EEC)N*2092/91               . on organic
production of agricultural products and indications referring thereto
on agricultural products and foodstuffs
THE   COUNCIL  OF  THE  EUROPEAN   COMMUNITIES,
Having regard to the Treaty establishing the          European  Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
  Whereas the Commission has received a particular mandate in the
  framework of Regulation (EEC) n' 2092/91 to review a number of
  provisions of that Regulation by 1 July 1994 and to submit any
  apropriate proposals for revision of this Regulation, if any;
Whereas it has appeared that the provisions, expiring on 1 July 1994,
concerning the labeling of agricultural products and foodstuffs
containing an ingredient of agricultural origin, which was produced by
producers in conversion from conventional farming to organic farming,
should be prolonged in order to permit these producers to valorise the
supplementary cost of their production by an appropriate labeling of
their products;
Whereas the review of Articles 5, 10 and 11 requested by Council by 1
July 1994 has shown that a number of technical and drafting amendments
 in these articles as well in certain other provisions are necessary to
ensure a proper management and implementation of the Regulation;
whereas therefore priority has been given to the development of these
amended rules and that consequently the development of the rules
concerning animal production should be delayed for a limited period;
Whereas it has appeared from the review that the provisions concerning
the labeling of foodstuffs prepared only partly from ingredients of
agricultural origin which were produced according to the organic
production method, should be improved in order to permit a better
highlighting of the organically produced component in such foodstuffs;
Whereas it has further appeared that the indication provided for in
Annex V should be maintained optional, but should also be restricted,
 in order to prevent abuse of this indication, to direct sales in closed
packaging from the producer to the consumer and to other sales only in
prepackaged foodstuffs-,
Whereas it has also appeared that reproductive material should be
obtained from organically grown plants but that a derogation regime is
required in order to permit producers to use, during a transitional
period, conventionally produced propagating material, where no
appropriate organically produced reproductive material is available;
 ---pagebreak---                                   - 7 -
Whereas it has appeared that a number of products which were used
before the adoption of Regulation (EEC) N' 2092/91 in accordance with
the codes of practice of organic farming followed in the Community,
have not been included in Annex 11 of the Regulation; whereas the use
of such products should be permitted as far as their use is also
permitted in conventional agriculture;
Whereas It has appeared appropriate to clarify in the text of the
Regulation that the inspection system provided for applies also to
Importers from third countries;
HAS   ADOPTED  THE  FOLLOWING  REGULATION
                                Article 1
Regulation (EEC) N* 2092/91 is amended as follows:
1.   In Article 1 (2) the date of 1 July 1992 is replaced by 30 June
    1995.
2.  Article 4 (2) is amended as follows:
    "2. 'production' shall mean the operations involved in producing,
         packaging and labeling of agricultural products in the state in
         which they are normally marketed from the farm*,".
3.  Article 4 (3) is amended as follows:
    "3. 'preparation' shall mean the operations of preserving and/or
         processing of agricultural products, as well as the packaging
         and or labelling of the preserved and/or processed products;".
4.  Article 4 (6) is amended as follows:
    "6. 'ingredients' shall mean the substances, including additives,
         used in the preparation of the products specified in Article
         1(1)(b), as defined in Article 6 (4) of Directive 79/112/EEC on
         the approximation of the laws of the Member States relating to
         the labeling, presentation and advertising of foodstuffs;".
5.  The following paragraphs are       introduced  in  Article  4  after
    paragraph 8 of this article:
    "9. 'prepacked foodstuff shall mean any single item as defined in
         Article 1(3)(b) of Directive 79/112/EEC.
 ---pagebreak---                                   - 8 -
   10. 'list of ingredients' shall mean the list of         ingredients
       referred to in Article 6 of Directive 79/112/EEC."
6. In Article 2, Article 5 (1) (b), Article 9 (9)(a), Article 11 (1)
   (b), Article 11 (2) (a), the words " Articles 6 and 7" are replaced
   by "Article 6".
7. The text of Article 5 (2) is deleted.
8. Article 5 (3) is replaced by the following:
   "3. The labeling and advertising of a product specified in Article
       1 ( 1 M b ) may bear, in the sales description of the product,
       indications referring to organic production methods only where:
       (a) at least 95% of the ingredients of agricultural origin of
            the product are, or are derived from, products obtained in
            accordance with the rules laid down in Article 6 or
            imported from third countries under the arrangements laid
            down in Article 11 ;
       (b) all the other ingredients of agricultural origin of the
            product are included in annex VI, section C;
       (c) these indications clarify that they concern a method of
            agricultural production and are accompanied by a reference
            to the ingredients of agricultural origin concerned, unless
            such reference is clearly given in the list of ingredients;
       (d) the product contains only substances listed in Annex VI,
            Section A, as ingredients of non-agricultural origin;
        (e) the     product  or    its   ingredients  of   agricultural
            origin,referred to in subparagraph (a), have not been
            subjected to treatments involving the use of substances not
             listed in Annex VI, section B;
        (f) the product or its ingredients have not been subjected, to
            treatments involving the use of ionizing radiation;
        (g) the product was prepared or imported by an operator who is
            subject to the inspection measures laid down in Articles 8
            and 9."
 ---pagebreak---                                   - g -
9.  Article 5 (4) is replaced by the following:
    "4. Ingredients of agricultural origin may be included in Annex VI,
        section C only where it has been shown that such ingredients:
             are of agricultural origin and are not produced in the
             Community in accordance with the rules laid down in Article
             6, or
             are of agricultural origin and are not produced in
             sufficient quantity in the Community in accordance with the
             rules laid down in Article 6."
10. Article 5 (5) is replaced by the following:
    "5. Products labelled or advertised in accordance with paragraphs 1
        or 3 may bear indications referring to conversion to organic
        production methods, provided that:
        (a) the requirements referred to in paragraph 1 or paragraph 3
             respectively are fully satisfied, with the exception of
             that concerning the length of the conversion period
             referred to in paragraph 1 of Annex I;
        (b) a conversion period of at least        12 months before  the
             harvest has been complied with;
        (c) such indications do not mislead the purchaser of the
             product regarding its difference from products which
             satisfy all the requirements of paragraphs 1 or 3; they
             appear in a colour, size and style of lettering which is
             not more prominent than the sales description of the
             product ;
        (d) the product contains only one     ingredient of agricultural
             origin."
11. Article 5 (6) is replaced by the following:
    "6. Without prejudice to the provisions in paragraph 3, the
         labelling and advertising of a product as referred to in
        Article 1 (1)(b) may only bear indications referring to organic
        production methods where:
        (a) at least 50% of  the ingredients of agricultural origin are,
             or are derived  from, products obtained in accordance with
             the rules laid  down in Article 6 or imported from third
             countries under the arrangements laid down in Article 11;
        (b) the indications referring to organic production methods
             appear in the list of ingredients and only in clear
             relation to those ingredients obtained according to the
             rules laid down in Article 6; they appear in the same
 ---pagebreak---                                   - 10 -
colour and with an identical size and style of lettering as the other
indications in the list of ingredients. Moreover such indications may
appear in a separate statement, mentioning the names of the ingredients
concerned and their total proportion in the product, only where this
proportion Is higher than 70%. The statement may only appear in a
colour, size and style of lettering which is not more prominent than
the sales description of the product.
         (c) the product contains only substances listed in Annex VI,
             section A as ingredients of non-agricultural origin;
         (d) the product or its ingredients of agricultural origin
             referred to in subparagraph (a) have not been subjected to
             treatments involving the use of substances not listed in
             Annex VI, section B;
         (e) the product or its ingredients have not been subjected to
             treatments involving the use of ionizing radiation;
         (f) the product was prepared or imported by an operator who is
             subject to the inspection measures laid down in Articles 8
             and 9;
12. The first subparagraph of Article 5 (8) is amended as follows:
         "Limitative lists of the substances and products referred to in
         paragraphs 3 (b), (d) and (e) and 6(c) and (d) shall be
         established in Annex VI, sections A, B and C, according to the
         procedure laid down in Article 14."
13. Article 5 (9) is replaced and completed by the following:
     "9. For the calculation of the percentages referred to in
         paragraphs 2 and 6, the rules provided for in Articles 6 and 7
         of Directive 79/112/EEC shall be applied.
     10. In a product as referred to in Article 1(1), an ingredient
         obtained according to the rules laid down in Article 6 shall
         not be present together with the same ingredient not obtained
         according to these rules."
     11. Before 1 July 1999, the Commission shall review the provisions
         of this Article and of Article 10 and submit any appropriate
         proposals for a revision thereof, if any".
14. The first sentence of Article 6 (1) (b) is amended as follows:
         Only products composed of substances listed in Annexes I and II
         may   be used    as plant-protection     products,  detergents,
         fertilisers, soil conditioners or for another purpose where
         such purpose is specified in Annex II in regard to certain
         substances."
 ---pagebreak---                                   - 11 -
15. After subparagraph b of Article 6 (1), the following subparagraph
    is inserted:
    "(c)    only seed or vegetative reproductive material is used,
            which has been obtained from plants which were grown
            according to the provisions of subparagraphs (a) and (b)
            for at least one generation or, in case of perennial crops,
            two growing seasons, whichever is the shortest."
16. Article 6 (2) is amended as follows:
    2. (a)  By derogation of paragraph 1 (c), seeds and vegetative
            reproductive material     not obtained     according   to the
            provisions of paragraph 1, may, during a transitional
            period expiring on 31 December 1996, be used to the extent
            that a Member State has authorised such reproductive
            materials being used on its territory for certain species
            or certain varieties for the reason that appropriate
            reproductive material produced according to the rules laid
            down in Article 6(1) is not available on the market in
            sufficient quantities.
     (b)    According to the procedure of Article 14 may be decided:
            the introduction, before 31 December 1996, of restrictions
            to the transitional measure referred to in subparagraph (a)
            with regard to certain species and/or types of reproductive
            mater ial;
            the maintenance, after 31 December 1996, of the derogation
            provided for in subparagraph (a) with regard to certain
            species and/or types of reproductive material and with
            regard to the whole Community or certain parts thereof;
            the    introduction   of  procedural    rules   and   criteria
            concerning the authorisations granted by Member States and
            the information thereon communicated to the other Member
            States and the Commission.
17. The following    subparagraph  is  introduced  after  paragraph  1 of
    Article 7:
    "1a.    The conditions provided for in    paragraph 1 do not apply to
            products which were in common     use before the adoption of
            this Regulation according to       the Codes of practice on
            organic farming followed In the   Community or relevant parts
            thereof."
18. In Article 9 (1), the words "operators producing or preparing
    products as referred to in Article 1" are replaced by the words
    "operators producing, preparing or importing from third countries
    products as referred to in Article 1."
19. In Article 9 (5) (b), the word, "irregularities"       is replaced by
    "Irregularities and infringements".
 ---pagebreak---                                     - 12 -
  20. In Article 9 (6) (c), the word, "Infringements"      is replaced by
      "irregularities and infringements".
  21. After Article 9 (10), the following paragraph is inserted:
      "11.     Without prejudice to the provisions of paragraphs 5 and 6,
               Member States shall ensure that from the 1st January 1998
               only private inspection bodies satisfying the conditions of
               Standard EN 45011 of 26 June 1989 are approved for the
               purposes of this Article."
  22. Article 10 (1) is amended as follows:
      "1. The indication that products are covered by the specific
\
           inspection scheme, shown in Annex V, may appear on the
           labelling of products as referred to in Article 1 only where
           such products:
           (a) satisfy fully the requirements of Article 5 (1) or (3);
           (b) have been subject to the inspection arrangements referred
               to in Article 9 (3) throughout the whole production and
               preparation process;
           (c) are sold directly from the producer to the consumer, or are
               placed on the market as prepacked foodstuffs;
           (d) show on the labelling the name or mark of the inspection
               body, and any     indication required according     to the
               provisions of Directive 79/112/EEC.
  23. Paragraphs 5, 6 and 7 of Article 10 are replaced by the following:
      "Article 10a - General enforcement measures
      1.  Whereas Member State finds, in a product coming from another
          Member State and bearing any indication referred to in Article
           2 and/or Annex V, irregularities or infringements in the
           application of this Regulation, it shall inform thereof the
          Member State which approved the inspection body and the
          Commission.
      2.  Member States shall take whatever measures and action are
           required to prevent fraudulent use of the indications referred
           to Article 2 and/or Annex V, in particular when they are
           repeatedly informed of infringements accomplished by the same
          operator."
  24. In article H(3)(a) the words "inspection authorities" are replaced
      by "inspection body and/or inspection authority".
 ---pagebreak---                                     13 -
25. In Article 11(6)(a) the wording "until 31 July 1995" is deleted.
26. In article 11(6)(a) the last sentence "It shall expire from the
    time of inclusion of a third country in the list referred to in
    paragraph 1 (a)" is replaced by the following:
         "It shall expire from the time of the decision to include a
         third country in the list referred to in paragraph 1 (a),
        unless it concerns a product which was produced in a region or
         a production unit or under the inspection of an inspection body
         not specified in the decision referred to in paragraph 1(a),
         and was not examined in the framework of the request presented
         by the third country."
27. In article 13, the following hyphen is inserted before the first
    hyphen :
         "detailed rules for applying this Regulation;"
28. In article 13, the last hyphen is replaced by the following :
      "-     amendments to Annex V in order to define a Community symbol
             to be used in connection or in replacement of the
             indication that products are covered by the inspection
             scheme."
                                Article 2
This Regulation shall enter into force 7 days fron the date of its
publication in the Official Journal of the European Communities.
This Regulation shall be binding         in its  entirity  and  directly
applicable in all Member States.
 ---pagebreak---                                    -    AU _                        ISSN0254-1475
                                                              COM (93) 558 final
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