CELEX: 51991PC0112
Language: en
Date: 1991-03-27
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON ORGANIC PRODUCTION OF AGRICULTURAL PRODUCTS AND INDICATIONS REFERRING THERETO ON AGRICULTURAL PRODUCTS AND FOODSTUFFS

COMMISSION OF THE EUROPEAN COMVLUNITIES
                                            C0M(91) 112 final
                                            Brussels, 27 March 1991
                     Amendment to the proposal for a
                         COUNCIL REGULATION (EEC)
  on organio production of agricultural products and indications
    referring thereto on agricultural products and foodstuffs
         (presented by the Commission pursuant to Article 149(3)
                            of the EEC-Treaty)
 ---pagebreak---                                     -1-
                            EXPLANATORY MBCRAHDOM
At its session of 12 March 1991, the European Parliament delivered its
opinion on the Commission proposal contained in document G0M(89) 552,
concerning the Amended proposal for a Council Regulation on organic
production of agricultural products and indications referring thereto on
agricultural products and foodstuffs.
The present amended proposal takes into account these amendments suggested by
the European Parliament on which the Commission has taken a favourable
position.
Also the proposal precises in more detail the examination of requests from
third countries for recognition of equivalency (Article 11).
 ---pagebreak---                                      - * -
                            Amended proposal for a
                              COUNCIL REGULATION
        on organic production of agricultural products and indications
          referring thereto on agricultural products and foodstuffs
In response to the opinion delivered by the European Parliament^1) on the
proposal for a Regualtion sent by the Commission to the Council on
6 December 1989 and concerning organic production of agricultural products
and indications referring thereto on agricultural products and foodstuffs,
and in accordance with the third paragraph of Article 149 of the Treaty
establishing the European Economic Community, the Commission has decided to
amend the aforementioned proposal as follows.
1. Throughout the regulation the term in German "biologisch" and in Spanish
    "biologico" are replaced by the terms "dkologisch" and "ecologico"
    respectively.
2. In the 4th recital the word "recently is replaced by the word "already".
3. The 5th recital is amended as follows:
    "Whereas a framework of Community rules on production, labelling and
    inspection are required to protect organic farming in so far as they
    ensure conditions of fair competition between the producers of products
    bearing such indications and give the market for organic products a more
    distinctive profile by ensuring transparency at all stages of production
    and processing thereby improving the credibility of such products in
    consumers' eyes;".
4. In the 7th recital the words "whereas the rules covering livestock
    production should however be introduced by means of an amendment to this
    Regulation" are replaced by the words "whereas, within a suitable period,
    this regulation will be supplemented by equivalent rules covering
    livestock production".
(1)
 ---pagebreak---                                    -4-
5. The 13th recital is amended as follows:
   "Whereas all operators producing or preparing products bearing
   indications referring to organic production methods must be subject to a
   regular inspection system, meeting miJxLmum Community requirements and
   carried out by designated inspection authorities and/or by approved and
   supervised private bodies; whereas this requirement should be rewarded by
   entitlement to use a Community indication of inspection on the labelling
   of the products concerned;".
6. The 14th and 15th recitals are deleted.
7. In Article 1 a second paragraph is introduced reading as follows:
   "2. A proposal concerning the principles and specific measures of
        control governing organio animal production, non-processed animal
        products and products intended for human consumption containing
        ingredients of animal origin will be submitted by the Commission as
        soon as possible and not later than 1 July 1992. ".
8. In Article 2 the text of the 3 hyphens is replaced by the following:
   "the indications in use in each Member State suggesting to the purchaser
   that the product or its ingredients have been obtained in accordance with
   the rules of production laid, down in Articles 6 and 7 and in particular
   the following terms, unless such terms are not applied to agricultural
   products in foodstuffs or clearly have no connection with the method of
   production.
 ---pagebreak---          in Spanish:    ecologico
                                     -f-
         in Danish:      okologisk
         in German:     biologisch
         in Greek:       PIOAOYIKI'I
         in English:     organic
         in French:      biologique
         in Italian:     biologico
         in Dutch:       biologisch
         in Portuguese: biologico."
9. Article 5(1 )(c) is amended as follows:
    "(c) The product was produced or imported by an operator who has agreed
         to be subject, to the inspection measures laid down in Articles 8
         and 9.".
10. Paragraphs 2 and 3 of Article 5 are replaced by the following text:
    "2.  The labelling and advertising of a product specified in Article 1(b)
         may refer to organic production methods only where such indications
         show clearly that they relate to a method of agricultural production
         and are accompanied by a reference to the agricultural product in
         question, as obtained on the farm.
     3. The labelling and advertising of a product specified in Article 1(b)
         may refer, in the sales description of the product, to organic
         production methods only where:
         a) all 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 and 7 or imported from third countries
            under the arrangement laid down in Article 11;
 ---pagebreak---                               -i-
   b) the product contains only ingredients of non-agricultural origin
      listed in Annex VI, part A;
   c) the product or its ingredients have not been subjected, during
      preparation, to treatments involving the use of ionizing
      radiation or products not listed in Annex VI, section B;
   d) the product was prepared by an operator who has agreed to be
      subject to the inspection measures laid down in Articles 8 and 9.
4. Notwithstanding paragraph 3, ingredients not satisfying the
   requirement in paragraph 3(a) may be used in the preparation of
   certain products as referred to in Article K b ) where such
   ingredients:
   - are of agricultural origin and are not produced in the Community
      in accordance with the rules laid down in Articles 6 and 7; or
   - are of agricultural origin and are not produced in sufficient
      quantity in the Community in accordance with the rules laid down
      in Articles 6 and 7; and
   - do not exceed 5 % of the content of the final product.
5. The labelling and advertising of a product as referred to in Article
   1(b) prepared partly from ingredients not satisfying the
   requirements in paragraph 3(a) may refer to organic production
   methods provided that:
   a) at least 50 % of the ingredients of agricultural origin satisfy
      the requirements in paragraph 3(a);
   b) the product satisfies the requirements in paragraph 3(b), (c) and
      (d);
   c) the indications referring to organio production methods
      - only appear in the list of ingredients as provided for in
        Directive 79/112/EEC;
      - clearly refer to only those ingredients obtained according to
        the rules as referred to in Articles 6 and 7;
 ---pagebreak---                                     -!f -
         d) the ingredients and their content appear in descending order by
            weight in the list of ingredients;
         e) Indications in the list of ingredients appear in the same colour
            and with an identical size and style of lettering.
     6. Detailed rules concerning the implementation of this Article may be
         established according to the procedure of Article 14.
     7. Limitative lists of the ingredients provided for in paragraph 4 and
         of the products in Annex VI, parts A and B, shall be established
         according to the procedure of Article 14.
         Conditions of use and compositional requirements' of these
         ingredients and products may be specified.
         Where a Member State considers that a product should be added to the
         abovementioned lists or that amendments should be made thereto, it
         shall ensure that a dossier giving the reasons for the inclusion or
         the amendments is sent officially to the other Member States and the
         Commission, which shall introduce it to the Committee referred to in
         Article 14.
     8. Before 1 July 1992, the Commission shall review the provisions of
         this Article, in particular paragraph 5 and submit any appropriate
         proposal with a view to revision, if any. ".
11. Article 6 is amended as follows:
    "1. The organic production method implies that for the production of
         produots referred to in Article 1(a):
         a) at least the requirements of Annex I and, where appropriate, the
            detailed rules relating thereto, must be satisfied;
 ---pagebreak---          b) only products composed of or incorporating products listed in
            Annexes I and II may be used as plant-protection products,
            detergents, fertilizers, or soil conditioners; they may be used
            only under the specific conditions laid down in Annexes I and II
            and insofar as the corresponding use is authorized in general
            agriculture in the Member States concerned in accordance with the
            relevant Community provisions or national provisions in
            conformity with Community law.
     2. By way of derogation from paragraph K b ) , seeds treated with
         products not included in Annex II and authorized in general
         agriculture in the Member State concerned may be used insofar as
         users of such seed can show to the satisfaction of the inspection
         body, that they were unable to obtain on the market non-treated seed
         of an appropriated variety of the species in question. ".
12. Paragraphs 1 to 3 of Article 7 are amended as follows:
    "1. Products not authorized at the date of adoption of this Regulation
         for a purpose indicated in Article 6(b) may be incited in Annex II,
         provided that the following conditions are satisfied;
         a) if they are used for the purpose of plant pest or disease
            control:
            - they are essential for the control of a particular pest or
              disease of crop, for which other biological, cultural, physical
              or plant breeding alternatives are not available and
            - the conditions for their use preclude any direct contact with
              the seed, the crop or crop products; however, in the case of
              treatment of perennial crops, direct contact may take place
              beyond the growing season of the edible parts (fruits) provided
              that such application does not Indirectly result in the
              presence of residues of the product in the edible parts and
            - their use does not result in or contribute to unacceptable
              effects on or contamination of the environment;
 ---pagebreak---          b) if they are used for fertilization or soil-oonditioning purposes:
            - they are essential for specific nutrition requirements of crops
              or specific soil-conditioning purposes which cannot be
              satisfied by the practices mentioned in Annex I, and
            - their use does not result in or contribute to unacceptable
              effects on or contamination of the environment.
     2. If  need be, the following may be specified for any product included
         in Annex II:
         -  the detailed description of the product;
        %
          - the conditions of its use and compositional and/or solubility
            requirements, with regard in particular to the need to ensure
            absence of residues in edible parts of the crop and in edible
            crop products as well as a minimum effect on the environment;
         - particular labelling requirements for products referred to in
            Article 1 where such products were obtained with the aid of
            certain products in Annex II.
     3. Amendments to Annex II, concerning either inclusion or cancelling or
         products as referred to in paragraph 1 or inclusion or amendments of
         spécifications as referred to in paragraph 2 shall be decided by the
         Commission in accordance with the procedure laid down in Article 14.
13. Article 7(4) is deleted.
14. In Article 7(5) the word "substance" is replaced by the word "product".
15. In Article 8(5) (a) the words "vis à vis all the operators subject to its
    inspection" are deleted.
 ---pagebreak--- 16. In Article 8(5)(d) the words "or fails to satisfy the requirements laid
    down in paragraphs 6, 7 and 8" are introduced after the words "in
    paragraph 4".
17. Paragraphs 6, 7 and 8 of Atiole 8 are replaced by the following:
    "6. The inspection authority and approved inspection bodies referred to
         in paragraph 1 shall:
         a) ensure that at least the inspection measures and precautions
            specified in Annex III are applied to undertakings and firms
            subject to their inspection;
         b) not disclose information and data they obtain in their inspection
            activity to persons other than the persons responsible for the
            undertaking concerned and the competent public authorities.
     7. Approved inspection bodies shall:
         a) give the competent authority, for inspection purposes, access to
            their offices and facilities, together with any information and
            assistance deemed necessary by the competent authority for the
            fulfilment of its obligations pursuant to this Regulation;
         b) send to the competent authority of the Member State by 31 January
            each year a list of operators subject to their inspection on
            31 December of the previous year as well as a brief annual
            inspection report.
     8. The inspection authority and inspection bodies referred to in
         Article 8(1) shall:
         a) ensure that, where an irregularity is found under Articles 5, 6
            and 7 or the measures referred to in Annex III, the Indications
            provided for in Article 2 referring to the organic production
            method are removed from the entire lot or production run affected
            by the irregularity concerned;
 ---pagebreak---                                     -H-
         b) where a manifest infringement, or an infringement with prolonged
            effects is found, prohibit the operator conoerned from marketing
            products with Indications referring to the organio production
            method for a period to be agreed with the competent authority of
            the Member State.
     9. The following may be adopted in accordance with the procedure laid
         down in Article 14:
         a) detailed rules concerning the requirements Indicated in paragrpah
            4 and the measures listed in paragraph 5;
         b) implementation measures concerning the provisions of paragraph
            7.".
18. The text of Article 9(1) is amended as follows:
    "1. Any operator who produces, prepares or imports from a third country
         products as specified in Article 1 for the purpose of marketing them
         snai i.
         a) notify this activity to the competent authority of the Member
            State in which the activity is carried out, such notification
            shall include the information specified in Annex IV;
         b) submit his undertaking to the regular inspection system referred
            to in Article 9.".
19. Article 9(3) is deleted.
20. Article 9(4) is amended as follows:
    "4. The competent authority shall ensure that an updated list containing
         the names and addresses of operators subject to the inspection
         system is made available to interested parties. ".
21. Article 10(6) is amended as follows:
    "Member States shall take whatever action is required to prevent
    fraudulent use of the indication provided for in Annex V or the labelling
    as referred to in Article 2. ".
 ---pagebreak---                                     -It
22. In Article 12 the words "production or the presentation" are replaced by
    the words "production, labelling or the presentation".
23. The text of Article 15 is completed with the following indent:
    "The Commission shall each year publish in the C-series of the Official
    Journal the lists of approved bodies notified to it within the deadlines
    laid down in the previous paragraph.
24. Article 16(4) is amended as follows:
    "4. For twelve months following the entry into foroe of this Regulation,
         the Member States may, by derogation from Article 6(l)(b), authorize
         the use in their territory of products containing substances not
         listed in Annex II, where they deem that the requirements of Article
         7(1) are satisfied.
 ---pagebreak--- 25. The final phrase of point 2 in Annex I is replaced by the following:
    "Pending the adoption of common technical rules <X)nœrning organio
    livestock production, by-products from livestock farming, such as
    farmyard manure, shall be introduced from livestock holdings respecting
    existing national rules or, in the absence thereof, internationally
    recognized practices concerning organic livestock production. Other
    organic or mineral fertilizers, mentioned in Annex II, may be applied
    only to the extent that adequate nutrition of the crop being rotated or
    soil conditioning are not possible by the methods set out under the first
    and second hyphen above. ".
26. The text of Annex II is replaced by the text in the annex of this
    proposal.
27. Points 2 and 10(a) of Annex III, part A and point 2 of Annex III, part B
    are deleted.
28. The 2nd and 3rd paragraphs of point 3 of Annex III, part A are replaced
    by the following:
    "This description and the measures concerned must be contained in an
    inspection report countersigned by the responsible person of the unit.
    In addition, the report must specify:
         the date of the last application on the parcels œnoerned of
         products whose use is not compatible with Articles 6(1 )(b) and 7,
         an undertaking by the producer to carry out operations in aooordance
         with Articles 5, 6 and 7 and to accept, in event of infringements,
         implementation of the measures referred to in Article 8(8). ".
 ---pagebreak---                                     -4-
29. Point 5 of Annex III, part A is completed by the following phrase:
    "Quantities sold directly to the final consumer shall be accounted on a
    daily basis.".
30. The last two sentences of point 7 of Annex III, part A are replaced by
    the following:
    "Samples for testing of products not authorized under this Regulation may
    be taken. However, such samples must be taken where the use of
    unauthorized products is suspected. An inspection report must be drawn up
    after each visit, countersigned by the responsible person of the unit. ".
31. In point 10 of Annex III, part A the words "(b) Units producing crops or
    crop products" are replaced by "Units in the area producing crop or crop
    products".
32. The first, second and third hyphen of point 4 of Annex III, part B are
    replaced by the following:
    "- the unit must have separate areas within the premises for the
         storage of products as referred to in Article 1, before and after
         the operations concerning them;
         operations must be carried out continuously until the complete run
         has been dealt with, separated by time and place from similar
         operations performed on products not covered by Article 1;
         if such operations are not carried out frequently they must be
         announced in advance, with a deadline agreed with the inspection
         body.".
33. Point 5 of Annex III, part B is amended as follows:
    "5. Apart from unannounced inspection visits, the inspection body must
         make a full physical inspection, at least once a year, of the unit.
         Samples to check for products not authorized under this Regulation
         may be taken. However, they must be taken where the use of
         unauthorized products is suspected in order to test for traces of
         such products. An inspection report must be drawn up after each
         visit countersigned by the responsible person of the unit. ".
 ---pagebreak---                                     -Vf-
54. Annex IV is completed by the following point:
    "(f) the name of the approved body to which the operator entrusted
         inspection of this undertaking, where the Member State has
         implemented the regular inspection system by approving such
         bodies.".
35. The following Annex is introduced after Annex V:
    "Annex VI
     A. Products permitted as ingredients of non-agrioulgtural origin
         (Article 5(3)(b)).
     B. Products permitted to be used during preparation (Article 5(3)(c))."
 ---pagebreak---                                     ANNEX
                                  "ANNEX I I
             A. PRODDCTS FOR FERTILIZATICN AND SOlIi-OONDITICNING
       Name                                   Description; oompositional
                                              requirements; conditions for
                                              use
Farmyard and poultry manure
Slurry or urine
Straw
Spent mushroom composts
Peat
Processed animal products from slaughter-
houses and fish industries
Organio by-products of foodstuffs and
textile industries
Seaweeds and seaweed products
Sawdust, bark and wood waste
Voodash
Natural phosphate rock
Calcinated alimunium phosphate rock
Ground rock potash
Limestone
Chalk
Magnesium rock
Calcareous magnesium rock
Epsom salt (magnesium sulphate)
Gypsum (calcium sulphate)
Plant based preparations                      Compost activation
Microbial preparations                        Compost activation
 ---pagebreak---                                     - * -
                B. PROPPCTS FOR PLANT PEST AMD DISEASE OOWTRX
       Name                                   Description; oompositional
                                               requirements; conditions for
                                              use
Bacillus thuringiensis preparations
Pyrethrum extracted from Chrysanthemum
cinerariaefolium
Rotenone extracted from Derris elliptica
Quassia amara
Ryania speciosa
Propolis
Diatomaceous earth
Stone meal
Metaldehyde
Sulphur
Bordeaux mixture
Burgundy mixture
Sodium silicate
Sodium bicarbonate
Potassium soap (soft soap)
Pheromones
Plant and animal oils
Paraffin oil"
 ---pagebreak---  ---pagebreak---                                                                                ISSN 0254-1475
                                                                COM(91) 112 final
                                                      DOCUMENTS
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                                  Catalogue number : CB-CO-91-138-EN-C
                                                               ISBN 92-77-70956-1
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