COMMISSION REGULATION (EEC) No 207/93 of 29 January 1993 defining the content of Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for implementing the provisions of Article 5 (4) thereto
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1) and in particular Article 5 (7) and (8) thereof,
Whereas for the purposes of Article 5 (3) (b) and (c) and (4) of Council Regulation (EEC) No 2092/91 (hereinafter referred to as 'the Regulation`), exhaustive lists have to be established in Sections A, B and C of Annex VI thereto;
Whereas for the purposes of the three sections of Annex VI to the Regulation, certain definitions have to be developed in order to ensure coherence with other related Community regulatory provisions;
Whereas any ingredients or processing aids to be mentioned in Annex VI to the Regulation should be used only in accordance with legislative requirements concerning the preparation of foodstuffs and according to good practice of in the manufacturing of foodstuffs;
Whereas Annex VI to the Regulation should take account of consumers' expect actions that processed products from organic production will be composed essentially of ingredients as they occur in nature;
Whereas, however, other ingredients or processing aids which may be used in conventionally processed foodstuffs, and which preferably exist in nature, may be included in Annex VI to the Regulation, provided it has been shown that, without having recourse to such substances, it is impossible to produce or preserve organic foodstuffs;
Whereas, with regard to enzymes derived from micro-organisms, it has to be further examined whether such products obtained from micro-organisms genetically modified within the meaning of Council Directive 90/220/EEC (2), can be used in foodstuffs whose labelling refers to organic production methods; whereas this question will be examined in detail when such enzymes are approved for use in foodstuffs according to the relevant Community legislation;
Whereas the said Annex VI will have to be reviewed regularly in the light of experience gained and of developments with in the availability on the Community market of certain organically produced ingredients of agricultural origin;
Whereas detailed rules for the implementation of the derogation pursuant to Article 5 (4) of the Regulation are necessary to ensure coherent implementation of this derogation in the Member States, as long as products covered by this derogation have not been included in Section C of Annex VI to the Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 14 of Regulation (EEC) No 2092/91,
The content of Annex VI to Regulation (EEC) No 2092/91 is defined in the Annex to the present Regulation.
No amendments to Sections A and B of Annex VI shall be adopted unless at least the following requirements are satisfied:
(a) for food additives covered by Section A, point 1 of Annex VI: without prejudice to the requirements for acceptance of additives provided for in Council Directive 89/107/EEC (3) only substances shall be included for which it has been shown that, without having recourse to such substances, it is impossible to produce or preserve such foodstuffs;
(b) for processing aids covered by Part B of Annex VI: only substances are included which are accepted in general food processing and for which it has been shown that, without having recourse to such substances, it is impossible to produce such foodstuffs.
1. As long as an ingredient of agricultural origin has not been included in Section C of Annex VI to the Regulation, that ingredient may be used according to the derogation provided for in Article 5 (4) of that Regulation on the following conditions:
(a) that the operator has notified to the competent authority of the Member State all the requisite evidence showing that the ingredient concerned satisfies Article 5 (4); and
(b) that the competent authority of the Member State has authorized the use for a maximum period of three months, which may be reduced if it appears that supplies of the ingredient concerned are available in the Community.
2. Where an authorization as referred to in paragraph 1 has been granted, the Member State shall immediately notify to the other Member States and to the Commission the following information:
(a) the date of the authorization;
(b) the name of the ingredient of agricultural origin concerned;
(c) the quantities that are required and the justification for those quantities;
(d) the reasons for, and expected period of, the shortage.
3. If the information submitted by any Member State to the Commission and to the Member State which granted the authorization shows that supplies are available during the period of the shortage, the Member State shall consider withdrawing the authorization or reducing its period of validity, and shall inform the Commission and the other Member States of the measures it has taken, within 10 days of the date of receipt of the information.
4. At the request of a Member State or at the Commission's initiative, the matter shall be submitted for examination to the Committee referred to in Article 14 of the Regulation. It may be decided, in accordance with the procedure laid down in Article 14, that the authorization shall be withdrawn or its period of validity amended, or, where appropriate, that the ingredient concerned be included in Section C of Annex VI.
This Regulation shall enter into force 15 days from the date of publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.