Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 25 June 2018
The Commission has published a proposal to amend Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control. The consultation includes a draft proposal and draft Annexes - see links below. The consultation closes on the 23rd July 2018.
The following are the introductory recitals from the draft Regulation:
(1) Article 25l(3)(b) of Commission Regulation (EC) No 889/2008 allows to supplement natural feed in the grow-out stage of penaeid shrimps and freshwater prawns (Macrobrachium spp.) as referred to in Section 7 of Annex XIIIa to that Regulation. For those shrimps and prawns in earlier life stages in nurseries and hatcheries supplementation of feed, in particular the need for cholesterol, is essential for their development. It is therefore necessary to extend the supplementation of feed with cholesterol to those shrimps and prawns also in their earlier life stages.
(2) In accordance with Article 27(1)(f) of Regulation (EC) No 889/2008 minerals (trace elements included), vitamins, amino acids and micronutrients can be used in the processing of organic food only as far as their use is legally required in the foodstuffs in which they are incorporated. According to the judgment of the Court of Justice of the European Union in case C-137/13, the use of these substances in the processing of organic food is legally required only when a provision of Union law or a provision of national law compatible therewith directly requires that that substance be added to a foodstuff in order for that foodstuff to be placed on the market.
(3) Regulation (EU) 2018/848 of the European Parliament and of the Council will allow the use of minerals (trace elements included), vitamins, amino acids or micronutrients in organic infant formula and follow-on formula and processed organic cereal-based foods and baby food when their use is authorised by the relevant Union legislation. In order to avoid a gap between the current interpretation of the use of these substances in foods for infants and young children and to ensure consistency with the upcoming organic legislation it is appropriate to allow their use in the production of organic baby foods for infants and young children.
(4) Article 42 of Regulation (EC) No 889/2008 allows, under certain conditions and when organic reared pullets are not available, for non-organically reared pullets for egg production of not more than 18 weeks to be brought into an organic livestock unit until 31 December 2018.
(5) Production of organically reared pullets for egg production is not sufficiently available, both in terms of quality and quantity, on the Union market to meet the needs of laying hen farmers. In order to allow more time for the production of organically reared pullets for egg production and to establish detailed rules for the production of organically reared pullets, the period of application of the exceptional production rules for non-organically reared pullets for egg production of not more than 18 weeks should be extended until 31 December 2020.
(6) Article 43 of Regulation (EC) No 889/2008 allows the use of a maximum of 5% of non-organic protein feed for porcine and poultry species per period of 12 months for the calendar year 2018.
(7) Organic protein supply is not sufficiently available, both in terms of quality and quantity, on the Union market to meet the nutritional requirements of pigs and poultry raised on organic farms. The production of organic protein crops is still lagging behind demand. It is therefore appropriate to extend the period in which it is allowed to use a limited proportion of non-organic protein feed for porcine and poultry species until 31 December 2020.
(8) Article 30(2) of Regulation (EC) No 834/2007 provides for the communication of information related to irregularities or infringements affecting the organic status of a product. Experience shows that the current tools to communicate information in case a Member State finds irregularities or infringements with regard to a product coming from that Member State need to be improved. To enhance efficiency and effectiveness, such communications should take place via the system referred to in Article 94(1) of Regulation (EC) No 889/2008.
(9) In accordance with the procedure set out in Article 16(3) of Regulation (EC) No 834/2007, several Member States have submitted dossiers on certain substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annexes I, II and VIIIa to Regulation (EC) No 889/2008. Those dossiers have been examined by the Expert Group for Technical Advice on Organic Production (EGTOP) and the Commission.
(10) In its recommendations with regard to fertilisers EGTOP concluded, inter alia, that the substances "industrial lime from sugar production" on the basis of sugar cane and "xylite" comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex I to Regulation (EC) No 889/2008.
(11) In its recommendations with regard to plant protection products EGTOP concluded, inter alia, that the substances "Allium sativum (garlic extract)", "COS-OGA", "Salix spp. Cortex (aka willow bark extract)" and "sodium hydrogen carbonate" comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008.
(12) In its recommendations with regard to products and substances used or added in organic products during certain stages of the production process and as type of treatment in accordance with Annex I A to Commission Regulation (EC) No 606/2009 in the wine sector EGTOP concluded, inter alia, that the substances "potato proteins", "yeast protein extracts" and "Chitosan derived from Aspergillus niger" for clarification (point 10 of Annex I A to Regulation (EC) No 606/2009), "inactivated yeast, autolysates of yeast and yeast hulls" for addition (point 15 of that Annex), "di-ammonium phosphate", "yeast mannoproteins", and "Chitosan derived from Aspergillus niger" for use (points 6, 35 and 44 of that Annex) comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex VIIIa to Regulation (EC) No 889/2008.
(13) In its recommendations with regard to products for cleaning and disinfecting, EGTOP concluded, inter alia, that sodium hydroxide should also be available for organic beekeeping.
(14) Regulation (EC) No 889/2008 should therefore be amended accordingly.
(15) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Organic Production,
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Commission Draft Implementing Regulation: .. amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control For a copy of the draft regulation text, click on the image. For a copy of the draft Annexes, click here |
