{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T01:59:46":[{"data":[{"body":"EC","commission":[{"Commissioner":"FISCHER BOEL Mariann","DG":{"title":"Agriculture and Rural Development","url":"http://ec.europa.eu/dgs/agriculture/"}}],"date":"2005-12-21T00:00:00","docs":[{"celexid":"CELEX:52005PC0671(02):EN","text":["
PURPOSE : to\n lay down rules on the production, placing on the\n market, import, export and controls of organic products, and the use of\n indications referring to organic production in labelling and advertising.
PROPOSED ACT :\n Council Regulation
CONTENT : Council Regulation 2092/91/EC the first ever Community framework\n for organic farming and food production. More than a decade later and having\n seen a strong development of organic farming, the Commission has started the\n process of reviewing this framework on the basis of the experience gained.\n Organic production has seen an impressive growth since the adoption of the\n Regulation in 1991 and the contribution of the organic agricultural sector is\n still on the increase in most Member States. According to the most recent\n statistical data, 149 000 holdings are certified as organic or in conversion\n to organic production. In 2003 these holdings represent 1.4% of the total of\n agricultural holdings in the 25 Member States.
Following\n consultations, the most important conclusions in the regulatory domain were\n the need to lay down more explicitly the principles and objectives of organic\n farming, the importance of safeguarding the integrity of the inspection\n system, the need to overcome dysfunctions of the internal market caused by\n national an private logo’s and standards, the need to complete and improve\n standards and the need to make import provisions more efficient. The proposal\n makes the following points:
-The essential\n requirements defining organic production and labelling of organic products\n are laid down by the principles and production rules formulated in this\n proposal.
-The\n application of these principles will require further detailed rules, the\n management of which necessitates frequent decisions, such as on the approval\n of ingredients and substances that may be used in organic products.
-In order to\n facilitate the decision making process and to further integrate quality into\n the Common Agricultural Policy and its management systems, a Management\n Committee should replace the current
'Regulatory\n Committee'.
The main\n points of the draft Regulation are as follows:
Scope: the proposal explicitly covers “organic production” and not just\n labelling. The proposal does not cover the preparation and sale to the final\n consumer of meals in large scale kitchens. As regards products, the proposed\n scope covers unprocessed agricultural products regardless of their final use;\n namely livestock, unprocessed plant and livestock products and live or\n unprocessed aquaculture products. Processed agricultural products are\n proposed to be covered for as far as they are intended for human or animal\n consumption; namely feed, processed plant, livestock and aquaculture\n products. It thus provides for objectives, principles and production rules\n for all products including for organic wines, aquaculture products and\n processed foodstuffs. Detailed rules for all products may be laid down by a\n comitology procedure. The latter is particularly relevant for the adoption of\n detailed rules on organic wine production as that is excluded under the\n current rules. Production rules for aquaculture will also be established at a\n later date. No extension of the scope is foreseen at this stage.
Objectives\n and principles for organic production: an\n appropriate definition of objectives and principles is needed to strengthen\n the Regulation. In this regard, the proposal formulates certain objectives\n for organic production, such as the protection of consumers’ interest,\n ensuring consumer confidence and avoiding misleading labelling. The proposal\n also establishes the basic “production rules”, which should set the\n parameters of the detailed rules to be laid down by Commission Regulations.
Flexibility:\n the proposal provides for a, certain strictly,\n regulated flexibility. Under this flexibility provision Member States will be\n allowed, by a comitology procedure, to apply less strict production rules to\n account for variation in local climatic, development and specific production\n conditions. It basically provides for transforming the current multitude of\n derogations into a general but strictly regulated system. But, contrary to\n the current system, the conditions, scope and division of competencies\n between the actors involved in granting exceptions is clearly laid down.
Labelling: In order to continue protecting the term “organic”, current rules\n on use of or references
to “organic”,\n derivatives, diminutives and translations should be maintained. In addition:
-The EU logo\n should continue to be available on all products that comply with the\n Regulation, including for all imported products. The EU logo will not be\n compulsory for the time being, as it may be viewed as an excessive EC\n interference in commercial freedom in other areas. However, it is
proposed in\n those cases where the product does not bear the EU logo, to make the use of a\n simple standardised text fragment EU-ORGANIC on labels compulsory for\n products produced within the Community. This aims at communicating\n efficiently to all operators in the production chain and to the consumer that\n the product conforms to a single EU standard.
-In order to\n maintain consumer confidence, the use of GMOs and of products produced from\n or by GMOs should continue to be prohibited in organic farming, as it is the\n case in the current Regulation. Despite this, in cases where products have\n been accidentally contaminated by GMOs, the current organic rules do not\n prohibit the simultaneous labelling as organic and GMO. The proposal\n prohibits the use of the term 'organic' for GMO labelled products. Finally,\n the labelling thresholds for organic and non-organic produce should be\n identical, unless detailed rules foresee specific thresholds for example\n possibly for organic seeds.
-The current\n provision requiring a minimum 95% of the agricultural products to be\n ‘organic’ should be maintained. However, the category allowing references to\n the organic production method on the list of ingredients if it contains\n between 70% and 95% of the agricultural ingredients from organic origin, will\n be suppressed. In fact, due to the development of the organic sector in\n recent years, this category of products is not considered to be needed\n anymore.
Controls:
-Regulation 882/2004/EC on official food and feed controls (OFFC)\n enters into application on 1 January 2006 which covers organic farming. The\n specific requirements of organic farming need to be aligned with the OFFC. In\n this regard, the proposal recasts the organic control provisions using the\n OFFC framework as far as possible to achieve the desired reforms and updates.\n The detailed provisions specific to organic production remain under the new\n organic Regulation.
-As provided\n for in OFFC, Member States will have to include all production and operations\n covered by the new Regulation in their multi-annual national control plans\n and fulfil the requirements of mutual assistance. The multi-annual national\n control plans have to be notified to the Commission who may ask for\n amendments and use them to guide Community inspections. Moreover, pursuant to\n the OFFC private control bodies will have to be accredited. Finally, the\n proposal requires that competent authorities and control bodies promote and\n do not undermine the EC organic standard, in line with the principle of a\n “single concept of organic production”.
-In order to\n guarantee the free movement of organic products within the Community, the\n current provisions requiring Member States to uphold the single market will\n be retained. In this context the requirement of OFFC on compulsory\n accreditation of private control bodies, impartiality and freedom of any conflict\n of interest of designated control bodies is particularly relevant. One of the\n main purposes of the reform of the organic regulatory framework is to reduce\n the trade hampering impact on the internal market of multiple public and\n private certification. The instruments proposed for improving impartiality\n and reducing conflicts of interest are the integration of private control\n bodies in the control system, a healthy competition between control bodies\n and recognition of prior certification decisions for equivalent standards.
-As regards\n access to national logos and marks of conformity the proposal foresees\n imposing full access for all products that comply with the Community rules.
-The issuing\n of certificates stating that a certain operator or a specific lot of products\n is found to comply with the principles and rules of organic farming is a\n well-established tool in trade of organic products and often conditions\n access to marks of conformity. Certification practices used by competent\n authorities or by control bodies to which the competent authority has\n delegated control tasks should not have restrictive effects on the free\n movement of organic goods, nor on the freedom of establishment and the free\n provision of services in the area of issuing of certificates. In this regard\n certification practices should be more strictly supervised, in particular\n where mutual recognition of certificates and the collection of fees are\n concerned. As regards access to private logos and marks of conformity the\n proposal foresees rules facilitating access for products that comply with\n equivalent standards, by placing the burden of proof for not complying with\n equivalent standards on the control body which logo the operator wishes to\n use. The fees for control and certification tasks must be reasonable.
-Furthermore,\n promoting a “single concept” of what constitutes organic production will\n contribute to consumer recognition and confidence, which in turn is expected\n to improve the free movement of organic produce. To this end general claims\n that a certain set of standards will guarantee a “better, stricter or higher\n standard organic”, directly on organic products or in their advertising or in\n publicity material should be prohibited. However, non-misleading and true\n claims of fact will be allowed.
Imports: With regard to trade with third countries, it is proposed to grant\n access to the EU market either on the basis of compliance with the EU rules\n or on equivalent guarantees provided by Third Country authorities or\n certified EU approved control bodies. The equivalency assessments for the\n purpose of import will be based on the international standard (Codex\n Alimentarius) or on the Community regulation. Third countries may add their\n own arrangements where needed. The current system of ‘Community list of third\n countries’ will be maintained. Annual reporting and follow up control visits\n with Member States involvement are foreseen. Single product access to the EU\n market will be granted either on the basis of compliance with the EU\n standards and submission to the EU system of controls, or on the basis of\n equivalent guarantees certified by control bodies that have been approved by\n the Community for that purpose.
Entry into\n force and application of the new rules: The date\n for applicationis set at 1 January 2009 allowing for the reworking\n and transposing of the existing detailed rules to the new Regulation.
Part of the\n import provisions of the current Regulation 2092/91/EEC run out on 31\n December 2006. The new import scheme should thus apply as from 1 January\n 2007. However, this will leave little time for its implementation, in\n particular as regards the recognition of control bodies competent to carry\n out control in those countries which are not on the list of recognised third\n countries. In order not to disrupt international trade, it is considered\n necessary to extend the possibility for Member States to continue to grant\n import authorisations for individual products until the measures necessary\n for the functioning of the new import scheme have been put in place. The\n Commission includes a second proposal amending Regulation 2092/91/EEC.\n (Please see CNS/2005/0279).
\nThe policy\n debate, held in Council, focused on labelling matters in relation to organic\n products and was based on a questionnaire prepared by the Council Presidency.\n To find a compromise solution the majority of delegations agreed that any\n future approach should be based on three categories, namely:
- \n 95% “golden standard”;
- \n 70% “labelling; and
- \n Below 70% “ingredients labelling”.
The EU logo\n should be awarded to the first category only. The Commission stated that if\n the majority of delegations supported this approach, then so could it. At the\n Special Committee on Agriculture, the concerns and comments of some of the\n delegations’ comments will be taken into account. The Special Committee will\n then prepare an overall compromise text which it will submit to the Council\n in December.
\nThe Presidency\n noted that the Council could support the general approach on the draft\n Regulation pending the European Parliament's opinion.
The upcoming\n German Presidency expressed its intention to reach an agreement on this file\n after the opinion of the European Parliament is made available (end of March\n 2007).
\nThe committee adopted the report by Marie-Hélène AUBERT\n (Greens/EFA, FR) amending - under the consultation procedure - the proposed\n regulation on organic production and labelling of organic products. The key\n amendments were as follows:
- the wording of Article 4 ('Overall principles') was\n tightened up so as to specify that GMOs and products produced from or with\n GMOs shall not be used in organic production. The exception to this rule in\n the case of veterinary medicinal products, as proposed by the Commission, was\n deleted;
- the wording of Article 7 ('General farm production\n rules') was also tightened up to ensure that, where \"farmers or any\n other providers of organic produce\" use products purchased from third\n parties to produce organic food or feedstuffs, they must require the vendor\n to confirm that their products \"have not been produced from or by GMOs\n and do not contain or consist of GMOs\". Moreover, \"in the case of\n an adventitious or technically unavoidable contamination with GMO\", they\n must be able to \"supply evidence that they have taken all necessary\n steps\" to avoid such contamination;
- a number of amendments laid down stricter rules for the\n use of plant-health products and veterinary treatments as well as national\n derogations thereto;
- a new clause specified that meat and bone meal shall not\n be fed to food-producing animals;
- on labelling, MEPs in the committee said that, in the\n case of processed products, the terms for the labelling of organic products listed\n in the Annex to the regulation may only be used where at least 95% of the\n ingredients of agricultural origin are produced organically. Member States\n should take the necessary steps to prevent fraudulent use of these terms;
- the Community organic production logo should be\n compulsory on products covered by the regulation and should constitute the\n \"main identifying symbol for organic products throughout the EU\".\n However, national organic production logos (which may be better known to\n consumers) should be allowed as well. The use of the Community logo would not\n be permitted for processed products containing more than 5% by weight of\n conventional ingredients or for products from farms in the process of\n conversion to organic production. The labelling indication EU-ORGANIC, as\n proposed by the Commission, may be confusing for consumers, leading them to\n believe that the product originates in the EU (even though it may come from a\n third country which complies with EU standards), and should therefore be\n replaced by the term ORGANIC;
- national control bodies should be accredited in line\n with European standards. In addition, Member States must ensure that\n their inspection systems enable products to be traced \"at every stage of\n production, preparation and distribution\". An up-to-date list of operators\n subject to the control system must be made available to interested parties;
- operators from non-EU countries must be in a position to\n provide importers or national authorities with documentary evidence issued by\n a competent Community control body. Assessment reports issued by the\n accreditation body should be published on the Internet;
- the regulation should also cover the catering industry\n (take-aways, canteens, restaurants and similar service providers) as well as\n products such as wool, preserved fish, cosmetics, food supplements and\n essential oils. Moreover, apart from the production, processing, packaging\n and labelling of products, the new rules should also cover conditioning, preparation\n and storage;
- the separation requirements (in cases where not all of a\n farm is used for organic production) should be extended to cover aquaculture,\n and the Commission should present a legislative proposal on production rules,\n including rules on conversion, applicable to organic aquaculture;
- lastly, the legal basis for the proposal should be not\n only Article 37 of the EC Treaty (agriculture) but also Article 95 (internal\n market), since it covers the production and distribution of processed food and\n not just agricultural produce.
\n
The European\n Parliament adopted a resolution drafted by drafted by Marie-Hélène AUBERT\n (Greens/EFA, FR), and approved the Commission proposal as amended on 29 March\n 2007. (Please refer to the summary of that date.) The report was adopted by\n 611 votes in favour to 61 against with 23 abstentions. To recall, Parliament\n did not vote on its amendments in March, in order to continue negotiations\n with the Council so as to have their demands better taken into account. \n Member States refused to accept Parliament's demand for a right of\n co-decision in this legislation.
\n In passing this legislative resolution, MEPs decided that a sufficient number\n of Parliament's amendments had been accepted by the Council, including some\n on stricter controls and certification, especially for imports, the\n clarification of rules on the use of logos and the consultation of interested\n parties.
PURPOSE: to introduce\n a general framework for organic production and the labelling of organic\n products.
LEGISLATIVE\n ACT: Council Regulation (EC) No 834/2007 on organic production and labelling\n of organic products and repealing Regulation (EEC) No 2092/91.
BACKGROUND: \n the share of organic agriculture is on the increase in most of the EU Member\n States and consumer growth and demand for organic products in recent years\n has grown considerably. This growth needs to be accompanied with appropriate\n legislation in order to maintain an open, competitive and well-protected\n internal market for organic products. The 1991 Regulation (Regulation (EEC)\n No 2092/91 on organic production of agricultural products and indicators),\n which to date has regulated the organic market is considered outdated, in\n need of simplification and in need of replacing with a Regulation that takes\n account of recent developments.
CONTENT: the\n purpose of this Regulation, therefore, is to provide the basis for the\n sustainable development of organic production. At the same time provisions\n have been drafted in order to ensure the effective functioning of the\n internal market for organic products and fair competition. Organic production\n is defined, in the recitals of the Regulation, as an overall system of farm\n management and food production that combines best environmental practices, a\n high level of biodiversity, the preservation of natural resources, the\n application of high animal welfare standards and a production method in line\n with a preference of certain consumers for products using natural substances\n and processes.
The Regulation\n establishes common objectives and principles on:
and applies\n to:
It does not\n apply to wild animals that have been hunted or fished, nor does it apply to\n mass catering operations.
The overall objective\n of organic production, as defined by this Regulation, is to establish the\n sustainable management of agriculture that respects nature’s systems and\n cycles and sustains the health of soil, water, plants and animals. Organic\n production must also contribute to a high level of biological diversity, use\n energy and natural resources responsibly, offer high animal welfare standards\n and produce a wide variety of food that responds to consumers’ demand for\n environmentally friendly products.
Organic\n farming should apply the principle of maintaining\n and enhancing soil life and nourishing plants, primarily, through the soil\n system. Organic farming should also minimise the use of non-renewable\n resources, recycle wastes and plant by-products, take account of local\n ecological balances, maintain animal health by encouraging the natural\n immunological defence of animals, choose plant species that are resistant to\n pests and diseases, rely on crop rotation rather than fertilisers, feed\n livestock with organic feed, exclude the rearing of artificially induced\n polyploid animals, maintain natural aquatic ecosystems and feed aquatic\n organisms with feed from sustainable exploitation of fisheries.
Organic\n products, on the other hand, should only be\n produced from organic food. The use of food additives, micronutrients and\n processing aids should be restricted. Producers of organic products should\n exclude substances and processing methods that might be misleading .
Organic\n feed must be produced from organic feed materials\n (except where a feed material is not available on the market in organic\n form), restrict the use of feed additives and process aid to a minimum extend\n and preferable use biological, mechanical and physical methods.
Production\n rules: The framework Regulation sets out the\n general production rules and requirements linked to organic production. For\n example, the use of GMO’s is forbidden as is the use of ionising radiation.\n Special provisions are spelt out regarding: farm production, plant\n production, the production of seaweed, livestock production, aquaculture\n animals production and the production of processed food – all of which\n organic farmers must comply with if they want to label their products as\n “organic”.
For example,\n in the case of farming, farmers must keep their “organic production units”\n separate from non-organic units and keep records to show this separation. In\n the case of plant production, farmers must use cultivation practices\n that increase soil organic matter and multiannual crop rotation. Mineral nitrogen\n may not be used and damage caused by pests, disease and weeds must rely\n primarily on “natural enemies” protection. Livestock production rules\n include, inter alia, the requirement that personnel in charge of\n organically reared livestock must posses enough basic knowledge and skills as\n regards their health and welfare. Livestock must have permanent access to\n open air (preferably pasture) and the number of livestock must be\n limited in order to minimise overgrazing, soil erosion or animal pollution.
On the matter\n of processed food the Regulation specifies that processed organic feed and\n food must be kept separate in time or space from the production of processed\n non-organic feed.
Labelling: Specific labelling and advertising rules are set out.\n Products may only be labelled “organic”, “eco”, “bio” etc. if they fulfil the\n conditions set out in this Regulation. Processed foods may only call\n themselves organic if they are at least 95%, by weight, made of organic\n products. Should products fulfil the requirements of this Regulation they are\n then allowed to display the Community organic production logo – although\n national and private logos may be used as well.
Controls: In order to monitor the correct application of the requirements\n specified in the framework Regulation the Member States will be responsible\n for setting up a system of controls as well as designating the competent\n authorities whose task it will be to monitor organic farming and production.
Trade with\n third countries: third-country organic products\n may be placed on the Community market on condition that: i) they comply with\n the provisions set out in this Regulation, ii) all operators, including\n exporters have been subject to recognised control bodies and iii) the\n operators concerned are able to provide documentary evidence of their\n products’ organic status.
In the final\n provisions, the Regulation states that the Commission will be assisted by a\n regulatory Committee on organic production, the Member States will regularly\n transmit information on organic production to the Commission and organic\n products produced in compliance with this Regulation will enjoy free movement\n across the EU.
By 31 December\n 2011, the Commission shall submit a report to the Council. The report shall,\n in particular, review the experience gained from the application of this\n Regulation and consider in particular the following issues: a) the scope of\n this Regulation, in particular as regards organic food prepared by mass\n caterers; b) the prohibition on the use of GMOs, including the availability\n of products not produced by GMOs, the vendor declaration, the feasibility of\n specific tolerance thresholds and their impact on the organic sector; c) the\n functioning of the internal market and controls system, assessing in\n particular that the established practices do not lead to unfair competition\n or barriers to the production and marketing of organic products.
ENTRY INTO\n FORCE: 27 July 2007.
APPLY: 1\n January 2009.
REPEAL: \n Regulation (EEC) no 2092/91.
\nPURPOSE : to\n lay down rules on the production, placing on the\n market, import, export and controls of organic products, and the use of\n indications referring to organic production in labelling and advertising.
PROPOSED ACT :\n Council Regulation
CONTENT : Council Regulation 2092/91/EC the first ever Community framework\n for organic farming and food production. More than a decade later and having\n seen a strong development of organic farming, the Commission has started the\n process of reviewing this framework on the basis of the experience gained.\n Organic production has seen an impressive growth since the adoption of the\n Regulation in 1991 and the contribution of the organic agricultural sector is\n still on the increase in most Member States. According to the most recent\n statistical data, 149 000 holdings are certified as organic or in conversion\n to organic production. In 2003 these holdings represent 1.4% of the total of\n agricultural holdings in the 25 Member States.
Following\n consultations, the most important conclusions in the regulatory domain were\n the need to lay down more explicitly the principles and objectives of organic\n farming, the importance of safeguarding the integrity of the inspection\n system, the need to overcome dysfunctions of the internal market caused by\n national an private logo’s and standards, the need to complete and improve\n standards and the need to make import provisions more efficient. The proposal\n makes the following points:
-The essential\n requirements defining organic production and labelling of organic products\n are laid down by the principles and production rules formulated in this\n proposal.
-The\n application of these principles will require further detailed rules, the\n management of which necessitates frequent decisions, such as on the approval\n of ingredients and substances that may be used in organic products.
-In order to\n facilitate the decision making process and to further integrate quality into\n the Common Agricultural Policy and its management systems, a Management\n Committee should replace the current
'Regulatory\n Committee'.
The main\n points of the draft Regulation are as follows:
Scope: the proposal explicitly covers “organic production” and not just\n labelling. The proposal does not cover the preparation and sale to the final\n consumer of meals in large scale kitchens. As regards products, the proposed\n scope covers unprocessed agricultural products regardless of their final use;\n namely livestock, unprocessed plant and livestock products and live or\n unprocessed aquaculture products. Processed agricultural products are\n proposed to be covered for as far as they are intended for human or animal\n consumption; namely feed, processed plant, livestock and aquaculture\n products. It thus provides for objectives, principles and production rules\n for all products including for organic wines, aquaculture products and\n processed foodstuffs. Detailed rules for all products may be laid down by a\n comitology procedure. The latter is particularly relevant for the adoption of\n detailed rules on organic wine production as that is excluded under the\n current rules. Production rules for aquaculture will also be established at a\n later date. No extension of the scope is foreseen at this stage.
Objectives\n and principles for organic production: an\n appropriate definition of objectives and principles is needed to strengthen\n the Regulation. In this regard, the proposal formulates certain objectives\n for organic production, such as the protection of consumers’ interest,\n ensuring consumer confidence and avoiding misleading labelling. The proposal\n also establishes the basic “production rules”, which should set the\n parameters of the detailed rules to be laid down by Commission Regulations.
Flexibility:\n the proposal provides for a, certain strictly,\n regulated flexibility. Under this flexibility provision Member States will be\n allowed, by a comitology procedure, to apply less strict production rules to\n account for variation in local climatic, development and specific production\n conditions. It basically provides for transforming the current multitude of\n derogations into a general but strictly regulated system. But, contrary to\n the current system, the conditions, scope and division of competencies\n between the actors involved in granting exceptions is clearly laid down.
Labelling: In order to continue protecting the term “organic”, current rules\n on use of or references
to “organic”,\n derivatives, diminutives and translations should be maintained. In addition:
-The EU logo\n should continue to be available on all products that comply with the\n Regulation, including for all imported products. The EU logo will not be\n compulsory for the time being, as it may be viewed as an excessive EC\n interference in commercial freedom in other areas. However, it is
proposed in\n those cases where the product does not bear the EU logo, to make the use of a\n simple standardised text fragment EU-ORGANIC on labels compulsory for\n products produced within the Community. This aims at communicating\n efficiently to all operators in the production chain and to the consumer that\n the product conforms to a single EU standard.
-In order to\n maintain consumer confidence, the use of GMOs and of products produced from\n or by GMOs should continue to be prohibited in organic farming, as it is the\n case in the current Regulation. Despite this, in cases where products have\n been accidentally contaminated by GMOs, the current organic rules do not\n prohibit the simultaneous labelling as organic and GMO. The proposal\n prohibits the use of the term 'organic' for GMO labelled products. Finally,\n the labelling thresholds for organic and non-organic produce should be\n identical, unless detailed rules foresee specific thresholds for example\n possibly for organic seeds.
-The current\n provision requiring a minimum 95% of the agricultural products to be\n ‘organic’ should be maintained. However, the category allowing references to\n the organic production method on the list of ingredients if it contains\n between 70% and 95% of the agricultural ingredients from organic origin, will\n be suppressed. In fact, due to the development of the organic sector in\n recent years, this category of products is not considered to be needed\n anymore.
Controls:
-Regulation 882/2004/EC on official food and feed controls (OFFC)\n enters into application on 1 January 2006 which covers organic farming. The\n specific requirements of organic farming need to be aligned with the OFFC. In\n this regard, the proposal recasts the organic control provisions using the\n OFFC framework as far as possible to achieve the desired reforms and updates.\n The detailed provisions specific to organic production remain under the new\n organic Regulation.
-As provided\n for in OFFC, Member States will have to include all production and operations\n covered by the new Regulation in their multi-annual national control plans\n and fulfil the requirements of mutual assistance. The multi-annual national\n control plans have to be notified to the Commission who may ask for\n amendments and use them to guide Community inspections. Moreover, pursuant to\n the OFFC private control bodies will have to be accredited. Finally, the\n proposal requires that competent authorities and control bodies promote and\n do not undermine the EC organic standard, in line with the principle of a\n “single concept of organic production”.
-In order to\n guarantee the free movement of organic products within the Community, the\n current provisions requiring Member States to uphold the single market will\n be retained. In this context the requirement of OFFC on compulsory\n accreditation of private control bodies, impartiality and freedom of any conflict\n of interest of designated control bodies is particularly relevant. One of the\n main purposes of the reform of the organic regulatory framework is to reduce\n the trade hampering impact on the internal market of multiple public and\n private certification. The instruments proposed for improving impartiality\n and reducing conflicts of interest are the integration of private control\n bodies in the control system, a healthy competition between control bodies\n and recognition of prior certification decisions for equivalent standards.
-As regards\n access to national logos and marks of conformity the proposal foresees\n imposing full access for all products that comply with the Community rules.
-The issuing\n of certificates stating that a certain operator or a specific lot of products\n is found to comply with the principles and rules of organic farming is a\n well-established tool in trade of organic products and often conditions\n access to marks of conformity. Certification practices used by competent\n authorities or by control bodies to which the competent authority has\n delegated control tasks should not have restrictive effects on the free\n movement of organic goods, nor on the freedom of establishment and the free\n provision of services in the area of issuing of certificates. In this regard\n certification practices should be more strictly supervised, in particular\n where mutual recognition of certificates and the collection of fees are\n concerned. As regards access to private logos and marks of conformity the\n proposal foresees rules facilitating access for products that comply with\n equivalent standards, by placing the burden of proof for not complying with\n equivalent standards on the control body which logo the operator wishes to\n use. The fees for control and certification tasks must be reasonable.
-Furthermore,\n promoting a “single concept” of what constitutes organic production will\n contribute to consumer recognition and confidence, which in turn is expected\n to improve the free movement of organic produce. To this end general claims\n that a certain set of standards will guarantee a “better, stricter or higher\n standard organic”, directly on organic products or in their advertising or in\n publicity material should be prohibited. However, non-misleading and true\n claims of fact will be allowed.
Imports: With regard to trade with third countries, it is proposed to grant\n access to the EU market either on the basis of compliance with the EU rules\n or on equivalent guarantees provided by Third Country authorities or\n certified EU approved control bodies. The equivalency assessments for the\n purpose of import will be based on the international standard (Codex\n Alimentarius) or on the Community regulation. Third countries may add their\n own arrangements where needed. The current system of ‘Community list of third\n countries’ will be maintained. Annual reporting and follow up control visits\n with Member States involvement are foreseen. Single product access to the EU\n market will be granted either on the basis of compliance with the EU\n standards and submission to the EU system of controls, or on the basis of\n equivalent guarantees certified by control bodies that have been approved by\n the Community for that purpose.
Entry into\n force and application of the new rules: The date\n for applicationis set at 1 January 2009 allowing for the reworking\n and transposing of the existing detailed rules to the new Regulation.
Part of the\n import provisions of the current Regulation 2092/91/EEC run out on 31\n December 2006. The new import scheme should thus apply as from 1 January\n 2007. However, this will leave little time for its implementation, in\n particular as regards the recognition of control bodies competent to carry\n out control in those countries which are not on the list of recognised third\n countries. In order not to disrupt international trade, it is considered\n necessary to extend the possibility for Member States to continue to grant\n import authorisations for individual products until the measures necessary\n for the functioning of the new import scheme have been put in place. The\n Commission includes a second proposal amending Regulation 2092/91/EEC.\n (Please see CNS/2005/0279).
\nThe policy\n debate, held in Council, focused on labelling matters in relation to organic\n products and was based on a questionnaire prepared by the Council Presidency.\n To find a compromise solution the majority of delegations agreed that any\n future approach should be based on three categories, namely:
- \n 95% “golden standard”;
- \n 70% “labelling; and
- \n Below 70% “ingredients labelling”.
The EU logo\n should be awarded to the first category only. The Commission stated that if\n the majority of delegations supported this approach, then so could it. At the\n Special Committee on Agriculture, the concerns and comments of some of the\n delegations’ comments will be taken into account. The Special Committee will\n then prepare an overall compromise text which it will submit to the Council\n in December.
\nThe Presidency\n noted that the Council could support the general approach on the draft\n Regulation pending the European Parliament's opinion.
The upcoming\n German Presidency expressed its intention to reach an agreement on this file\n after the opinion of the European Parliament is made available (end of March\n 2007).
\nThe committee adopted the report by Marie-Hélène AUBERT\n (Greens/EFA, FR) amending - under the consultation procedure - the proposed\n regulation on organic production and labelling of organic products. The key\n amendments were as follows:
- the wording of Article 4 ('Overall principles') was\n tightened up so as to specify that GMOs and products produced from or with\n GMOs shall not be used in organic production. The exception to this rule in\n the case of veterinary medicinal products, as proposed by the Commission, was\n deleted;
- the wording of Article 7 ('General farm production\n rules') was also tightened up to ensure that, where \"farmers or any\n other providers of organic produce\" use products purchased from third\n parties to produce organic food or feedstuffs, they must require the vendor\n to confirm that their products \"have not been produced from or by GMOs\n and do not contain or consist of GMOs\". Moreover, \"in the case of\n an adventitious or technically unavoidable contamination with GMO\", they\n must be able to \"supply evidence that they have taken all necessary\n steps\" to avoid such contamination;
- a number of amendments laid down stricter rules for the\n use of plant-health products and veterinary treatments as well as national\n derogations thereto;
- a new clause specified that meat and bone meal shall not\n be fed to food-producing animals;
- on labelling, MEPs in the committee said that, in the\n case of processed products, the terms for the labelling of organic products listed\n in the Annex to the regulation may only be used where at least 95% of the\n ingredients of agricultural origin are produced organically. Member States\n should take the necessary steps to prevent fraudulent use of these terms;
- the Community organic production logo should be\n compulsory on products covered by the regulation and should constitute the\n \"main identifying symbol for organic products throughout the EU\".\n However, national organic production logos (which may be better known to\n consumers) should be allowed as well. The use of the Community logo would not\n be permitted for processed products containing more than 5% by weight of\n conventional ingredients or for products from farms in the process of\n conversion to organic production. The labelling indication EU-ORGANIC, as\n proposed by the Commission, may be confusing for consumers, leading them to\n believe that the product originates in the EU (even though it may come from a\n third country which complies with EU standards), and should therefore be\n replaced by the term ORGANIC;
- national control bodies should be accredited in line\n with European standards. In addition, Member States must ensure that\n their inspection systems enable products to be traced \"at every stage of\n production, preparation and distribution\". An up-to-date list of operators\n subject to the control system must be made available to interested parties;
- operators from non-EU countries must be in a position to\n provide importers or national authorities with documentary evidence issued by\n a competent Community control body. Assessment reports issued by the\n accreditation body should be published on the Internet;
- the regulation should also cover the catering industry\n (take-aways, canteens, restaurants and similar service providers) as well as\n products such as wool, preserved fish, cosmetics, food supplements and\n essential oils. Moreover, apart from the production, processing, packaging\n and labelling of products, the new rules should also cover conditioning, preparation\n and storage;
- the separation requirements (in cases where not all of a\n farm is used for organic production) should be extended to cover aquaculture,\n and the Commission should present a legislative proposal on production rules,\n including rules on conversion, applicable to organic aquaculture;
- lastly, the legal basis for the proposal should be not\n only Article 37 of the EC Treaty (agriculture) but also Article 95 (internal\n market), since it covers the production and distribution of processed food and\n not just agricultural produce.
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The European\n Parliament adopted a resolution drafted by drafted by Marie-Hélène AUBERT\n (Greens/EFA, FR), and approved the Commission proposal as amended on 29 March\n 2007. (Please refer to the summary of that date.) The report was adopted by\n 611 votes in favour to 61 against with 23 abstentions. To recall, Parliament\n did not vote on its amendments in March, in order to continue negotiations\n with the Council so as to have their demands better taken into account. \n Member States refused to accept Parliament's demand for a right of\n co-decision in this legislation.
\n In passing this legislative resolution, MEPs decided that a sufficient number\n of Parliament's amendments had been accepted by the Council, including some\n on stricter controls and certification, especially for imports, the\n clarification of rules on the use of logos and the consultation of interested\n parties.
PURPOSE: to introduce\n a general framework for organic production and the labelling of organic\n products.
LEGISLATIVE\n ACT: Council Regulation (EC) No 834/2007 on organic production and labelling\n of organic products and repealing Regulation (EEC) No 2092/91.
BACKGROUND: \n the share of organic agriculture is on the increase in most of the EU Member\n States and consumer growth and demand for organic products in recent years\n has grown considerably. This growth needs to be accompanied with appropriate\n legislation in order to maintain an open, competitive and well-protected\n internal market for organic products. The 1991 Regulation (Regulation (EEC)\n No 2092/91 on organic production of agricultural products and indicators),\n which to date has regulated the organic market is considered outdated, in\n need of simplification and in need of replacing with a Regulation that takes\n account of recent developments.
CONTENT: the\n purpose of this Regulation, therefore, is to provide the basis for the\n sustainable development of organic production. At the same time provisions\n have been drafted in order to ensure the effective functioning of the\n internal market for organic products and fair competition. Organic production\n is defined, in the recitals of the Regulation, as an overall system of farm\n management and food production that combines best environmental practices, a\n high level of biodiversity, the preservation of natural resources, the\n application of high animal welfare standards and a production method in line\n with a preference of certain consumers for products using natural substances\n and processes.
The Regulation\n establishes common objectives and principles on:
and applies\n to:
It does not\n apply to wild animals that have been hunted or fished, nor does it apply to\n mass catering operations.
The overall objective\n of organic production, as defined by this Regulation, is to establish the\n sustainable management of agriculture that respects nature’s systems and\n cycles and sustains the health of soil, water, plants and animals. Organic\n production must also contribute to a high level of biological diversity, use\n energy and natural resources responsibly, offer high animal welfare standards\n and produce a wide variety of food that responds to consumers’ demand for\n environmentally friendly products.
Organic\n farming should apply the principle of maintaining\n and enhancing soil life and nourishing plants, primarily, through the soil\n system. Organic farming should also minimise the use of non-renewable\n resources, recycle wastes and plant by-products, take account of local\n ecological balances, maintain animal health by encouraging the natural\n immunological defence of animals, choose plant species that are resistant to\n pests and diseases, rely on crop rotation rather than fertilisers, feed\n livestock with organic feed, exclude the rearing of artificially induced\n polyploid animals, maintain natural aquatic ecosystems and feed aquatic\n organisms with feed from sustainable exploitation of fisheries.
Organic\n products, on the other hand, should only be\n produced from organic food. The use of food additives, micronutrients and\n processing aids should be restricted. Producers of organic products should\n exclude substances and processing methods that might be misleading .
Organic\n feed must be produced from organic feed materials\n (except where a feed material is not available on the market in organic\n form), restrict the use of feed additives and process aid to a minimum extend\n and preferable use biological, mechanical and physical methods.
Production\n rules: The framework Regulation sets out the\n general production rules and requirements linked to organic production. For\n example, the use of GMO’s is forbidden as is the use of ionising radiation.\n Special provisions are spelt out regarding: farm production, plant\n production, the production of seaweed, livestock production, aquaculture\n animals production and the production of processed food – all of which\n organic farmers must comply with if they want to label their products as\n “organic”.
For example,\n in the case of farming, farmers must keep their “organic production units”\n separate from non-organic units and keep records to show this separation. In\n the case of plant production, farmers must use cultivation practices\n that increase soil organic matter and multiannual crop rotation. Mineral nitrogen\n may not be used and damage caused by pests, disease and weeds must rely\n primarily on “natural enemies” protection. Livestock production rules\n include, inter alia, the requirement that personnel in charge of\n organically reared livestock must posses enough basic knowledge and skills as\n regards their health and welfare. Livestock must have permanent access to\n open air (preferably pasture) and the number of livestock must be\n limited in order to minimise overgrazing, soil erosion or animal pollution.
On the matter\n of processed food the Regulation specifies that processed organic feed and\n food must be kept separate in time or space from the production of processed\n non-organic feed.
Labelling: Specific labelling and advertising rules are set out.\n Products may only be labelled “organic”, “eco”, “bio” etc. if they fulfil the\n conditions set out in this Regulation. Processed foods may only call\n themselves organic if they are at least 95%, by weight, made of organic\n products. Should products fulfil the requirements of this Regulation they are\n then allowed to display the Community organic production logo – although\n national and private logos may be used as well.
Controls: In order to monitor the correct application of the requirements\n specified in the framework Regulation the Member States will be responsible\n for setting up a system of controls as well as designating the competent\n authorities whose task it will be to monitor organic farming and production.
Trade with\n third countries: third-country organic products\n may be placed on the Community market on condition that: i) they comply with\n the provisions set out in this Regulation, ii) all operators, including\n exporters have been subject to recognised control bodies and iii) the\n operators concerned are able to provide documentary evidence of their\n products’ organic status.
In the final\n provisions, the Regulation states that the Commission will be assisted by a\n regulatory Committee on organic production, the Member States will regularly\n transmit information on organic production to the Commission and organic\n products produced in compliance with this Regulation will enjoy free movement\n across the EU.
By 31 December\n 2011, the Commission shall submit a report to the Council. The report shall,\n in particular, review the experience gained from the application of this\n Regulation and consider in particular the following issues: a) the scope of\n this Regulation, in particular as regards organic food prepared by mass\n caterers; b) the prohibition on the use of GMOs, including the availability\n of products not produced by GMOs, the vendor declaration, the feasibility of\n specific tolerance thresholds and their impact on the organic sector; c) the\n functioning of the internal market and controls system, assessing in\n particular that the established practices do not lead to unfair competition\n or barriers to the production and marketing of organic products.
ENTRY INTO\n FORCE: 27 July 2007.
APPLY: 1\n January 2009.
REPEAL: \n Regulation (EEC) no 2092/91.
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