PURPOSE: to amend Regulation 2092/91/EEC on organic production of agricultural products so as to allow a replacement of the current import scheme by a new import scheme.

LEGISLATIVE ACT: Council Regulation (EC) No 1991/2006 amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs.

CONTENT : the Council adopted a regulation introducing interim import rules pending application of the new legislation on organic products, as certain import provisions of the current legislation expire on 31December 2006.

In order not to disrupt international trade, the Regulation will extend the possibility for Member States to grant import authorisations for individual products until the new regime has been put in place. The Regulation also includes new rules on imports (‘direct access’ and ‘equivalency’), in the same form as in a proposal on the labelling of organic products. (Please see CNS/2005/0278 .)

Council Regulation 2092/91/EC will be repealed on 1 January 2009 and replaced by new Council Regulation on organic production and labelling of organic products. Under the new scheme established by the new Regulation for imports of organic produce from third countries, organic products imported into the Community will be allowed to be placed on the Community market labelled as organic, where they have been produced in accordance with production rules and subject to control arrangements that are in compliance with or equivalent to Community legislation. The equivalency assessments for the purpose of import will be based on the international standard (Codex Alimentarius) or on the Community regulation.

To this end, third countries whose production standards and control arrangements are equivalent to those applied in the Community will be recognised and a list published. The control bodies competent to carry out control in countries which are not on the list of recognised third countries will also be recognised and listed. Third country operators who produce in direct compliance with Community rules will be allowed to choose to submit their activities to the competent authorities and control bodies designated by the Member States.

Article 11 of Regulation 2092/91/EEC provides for the possibility for Member States to grant until 31 December 2006 import authorisations for individual products under certain conditions. This Regulation deals with amending that Article, so as to allow for a replacement of the current import scheme by the new import scheme as from that date. The new import scheme should thus apply as from 1 January 2007. However, this will leave little time for its implementation, in particular as regards the recognition of control bodies competent to carry out control in those countries which are not on the list of recognised third countries. In order not to disrupt international trade, the Regulation extends the possibility for Member States to continue to grant import authorisations for individual products until the measures necessary for the functioning of the new import scheme have been put in place.

ENTRY INTO FORCE: 09/02/2007.

APPLICATION : 01/01/2007.

The European Parliament adopted a resolution drafted by Friedrich-Wilhelm GRAEFE ZU BARINGDORF (Greens/EFA, DE) and made some amendments to the proposal. (Please see the summary of 12/07/2006.)

The proposal for a Regulation on organic production (COM/2005/671) requires the Member States to include controls on organic operators in line with Regulation 882/2004/EC on official food and feed controls (referred to as OFFC). The scope of OFFC covers controls on organic production.

The Commission is of the view that the OFFC represents an important reinforcement of the food/feed controls conducted at a Community-wide level. Its control methodology is modern and includes risk-based action. Further, the OFFC requires the Member States to integrate all controls on food and feed into control planning. The distribution of responsibilities, as regards reporting and transparency, are clearly laid out in the OFFC.

As such, the Commission does not, in its new proposal, intend to dismantle the current control system as laid down in Regulation 2092/91/EC. The existing rules are tailor-made and have been designed based on extensive experience pertaining to the organic Regulation.

The Commission is of the opinion, therefore, that in terms of structure, the current organic rules are compatible with the OFFC. Thus, control provisions, enshrined in Article 8 and 9 are reflected in the proposal in so far as the OFFC is concerned.

The committee adopted the report by Friedrich-Wilhelm GRAEFE ZU BARINGDORF (Greens/EFA, DE) broadly approving the proposed regulation on organic production of agricultural products. It nevertheless tabled a number of amendments under the consultation procedure, designed to promote organic farming in non-EU countries through technical assistance measures and preserve standards for imports in the intervening period before a new regulation. MEPs were also concerned that EU operators - who are subject to very strict standards - could be exposed to unfair competition. They stressed that the Commission's recognition of third countries must be reciprocal and that third countries must also grant EU organic products access to their markets.

In other amendments, the committee called for the Commission to report to Parliament and the Council by 1 January 2009 on the specific sources of risk for imports from third countries and to submit a proposal for the training and/or promotion of local certifiers and inspectors in third countries. The competent national authorities should be involved in the procedure for recognising third-country control bodies and should be able to carry out random on-the-spot checks on such control bodies. Lastly, MEPs wanted Member States to operate a public Community EU-import databank, coordinated by the European Food Safety Authority.

PURPOSE : to amend Regulation 2092/91/EEC on organic production of agricultural products so as to allow a replacement of the current import scheme by a new import scheme from 1 January 2001.

PROPOSED ACT : Council Regulation.

CONTENT : Council Regulation 2092/91/EC will be repealed on 1 January 2009 and replaced by new Council Regulation on organic production and labelling of organic products. (For details of the proposal, please see CNS/2005/0278). Under the new scheme established by the new Regulation for imports of organic produce from third countries, organic products imported into the Community will be allowed to be placed on the Community market labelled as organic, where they have been produced in accordance with production rules and subject to control arrangements that are in compliance with or equivalent to Community legislation. The equivalency assessments for the purpose of import will be based on the international standard (Codex Alimentarius) or on the Community regulation.

To this end, third countries whose production standards and control arrangements are equivalent to those applied in the Community will be recognised and a list published. The control bodies competent to carry out control in countries which are not on the list of recognised third countries will also be recognised and listed. Third country operators who produce in direct compliance with Community rules will be allowed to choose to submit their activities to the competent authorities and control bodies designated by the Member States.

Article 11 of Regulation 2092/91/EEC provides for the possibility for Member States to grant until 31 December 2006 import authorisations for individual products under certain conditions. The proposal deals with amending that Article, so as to allow for a replacement of the current import scheme by the new import scheme as from that date. The new import scheme should thus apply as from 1 January 2007. However, this will leave little time for its implementation, in particular as regards the recognition of control bodies competent to carry out control in those countries which are not on the list of recognised third countries. In order not to disrupt international trade, the proposal is to extend the possibility for Member States to continue to grant import authorisations for individual products until the measures necessary for the functioning of the new import scheme have been put in place.

PURPOSE : to amend Regulation 2092/91/EEC on organic production of agricultural products so as to allow a replacement of the current import scheme by a new import scheme from 1 January 2001.

PROPOSED ACT : Council Regulation.

CONTENT : Council Regulation 2092/91/EC will be repealed on 1 January 2009 and replaced by new Council Regulation on organic production and labelling of organic products. (For details of the proposal, please see CNS/2005/0278). Under the new scheme established by the new Regulation for imports of organic produce from third countries, organic products imported into the Community will be allowed to be placed on the Community market labelled as organic, where they have been produced in accordance with production rules and subject to control arrangements that are in compliance with or equivalent to Community legislation. The equivalency assessments for the purpose of import will be based on the international standard (Codex Alimentarius) or on the Community regulation.

To this end, third countries whose production standards and control arrangements are equivalent to those applied in the Community will be recognised and a list published. The control bodies competent to carry out control in countries which are not on the list of recognised third countries will also be recognised and listed. Third country operators who produce in direct compliance with Community rules will be allowed to choose to submit their activities to the competent authorities and control bodies designated by the Member States.

Article 11 of Regulation 2092/91/EEC provides for the possibility for Member States to grant until 31 December 2006 import authorisations for individual products under certain conditions. The proposal deals with amending that Article, so as to allow for a replacement of the current import scheme by the new import scheme as from that date. The new import scheme should thus apply as from 1 January 2007. However, this will leave little time for its implementation, in particular as regards the recognition of control bodies competent to carry out control in those countries which are not on the list of recognised third countries. In order not to disrupt international trade, the proposal is to extend the possibility for Member States to continue to grant import authorisations for individual products until the measures necessary for the functioning of the new import scheme have been put in place.