Ref. Ares(2017)6233736 - 19/12/2017
Commission proposals
Council General Approach
COMAGRI Vote
Proposal for a
REGULATION OF THE
Proposal for a
EUROPEAN PARLIAMENT
AND OF THE COUNCIL
REGULATION OF THE
on organic production and
EUROPEAN PARLIAMENT
labelling of organic products,
AND OF THE COUNCIL
amending Regulation (EU)
No XXX/XXX of the European
on organic production and
Parliament and of the Council
labelling of organic products,
[Official controls Regulation] and
amending Regulation (EU)
repealing Council Regulation (EC) No XXX/XXX of the European
No 834/2007
Parliament and of the Council
[Official controls Regulation] and
repealing Council Regulation
(EC) No 834/2007
THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE
EUROPEAN UNION,
Commission proposal unchanged
Having regard to the Treaty on the
Having regard to the Treaty on the
Functioning of the European Union,
Functioning of the European
and in particular the first paragraph
Union, and in
particular the first
of Article 42 and Article 43(2)
paragraph of Article 42 and
thereof,
Article 43(2) thereof,
Having regard to the proposal from
Commission proposal unchanged
the European Commission,
1
Commission proposals
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After transmission of the draft
Commission proposal unchanged
legislative act to the national
Parliaments,
Having regard to the opinion of the
Commission proposal unchanged
European Economic and Social
Committee
1,
Having regard to the opinion of the
Commission proposal unchanged
Committee of the Regions
2,
Acting in accordance with the
Commission proposal unchanged
ordinary legislative procedure,
Whereas:
Commission proposal unchanged
(1)
Organic production is an
Commission proposal unchanged
Commission proposal unchanged
overall system of farm management
and food production that combines
best environmental and climate
action practices, a high level of
biodiversity, the preservation of
natural resources, the application of
high animal welfare standards and
production standards in line with the
demand of a growing number of
consumers for products produced
using natural substances and
processes. Organic production thus
1
OJ C , , p. .
2
OJ C , , p. .
2
Commission proposals
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plays a dual societal role, where it,
on the one hand, provides for a
specific market responding to
consumer demand for organic
products and, on the other hand,
delivers publicly available goods
contributing to the protection of the
environment and animal welfare, as
well as to rural development.
Amendment 1
Recital 2
(2)
The observance of high health, Commission proposal unchanged
(2) The observance of high health,
environmental and animal welfare
environmental and animal welfare standards in
standards in the production of
the production of organic products is intrinsic
organic products is intrinsic to the
to the
wholesomeness of those products. As
high quality of those products. As
underlined in the Communication from the
underlined in the Communication
Commission to the European Parliament and to
from the Commission to the
the Council, the European Economic and
European Parliament and to the
Social Committee and the Committee of the
Council, the European Economic
Regions on agricultural product quality policy,
and Social Committee and the
organic production forms part of the Union's
Committee of the Regions on
agricultural product quality schemes together
agricultural product quality policy
3,
with geographical indications, traditional
organic production forms part of the
specialties guaranteed and products of
Union's agricultural product quality
mountainous regions and of the outermost
schemes together with geographical
regions of the Union, as laid down in
indications, traditional specialties
Regulation (EU) No 1151/2012 of the
guaranteed and products of the
European Parliament and of the Council and
outermost regions of the Union, as
Regulation (EU) No 228/2013 of the European
3
COM (2009) 234 final.
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Commission proposals
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laid down in Regulation (EU) No
Parliament and of the Council, respectively. In
1151/2012 of the European
this sense, organic production
plays a leading
Parliament and of the Council
4 and
role in establishing more sustainable farming
Regulation (EU) No 228/2013 of the
and food systems, and to that end, it pursues
European Parliament and of the
the same objectives within the common
Council
5, respectively. In this sense,
agricultural policy (‘CAP’) which are inherent
organic production pursues the same
to all the agricultural product quality schemes
objectives within the common
of the Union.
agricultural policy (‘CAP’) which
are inherent to all the agricultural
product quality schemes of the
Union.
Amendment 2
Recital 3
(3)
In particular, the objectives of
Commission proposal unchanged
(3) In particular, the objectives of the organic
the organic production policy are
production policy are embedded in the
embedded in the objectives of the
objectives of the CAP by ensuring that farmers
CAP by ensuring that farmers
receive a fair return for complying with the
receive a fair return for complying
organic production rules. In addition, the
with the organic production rules. In
growing consumer demand for organic
addition, the growing consumer
products creates conditions for further
demand for organic products creates
development and expansion of the market in
conditions for further development
those products and thus for an increase in the
and expansion of the market in those
return of farmers engaged in organic
products and thus for an increase in
production.
Taking into account the fact that
4
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural
products fand foodstuffs (OJ L 343, 14.12.2012, p. 1).
5
Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture
in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).
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Commission proposals
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the return of farmers engaged in
Union farmers face increased problems in
organic production.
receiving a fair income from the food chain,
this Regulation should also contribute to
helping farmers and consumers to reconnect
through direct marketing in short food chains
and so create a fair share of the added value
of food and positive externalities created in
organic farming.
Amendment 3
Recital 4
(4)
Furthermore, organic
Commission proposal unchanged
(4) Furthermore, organic production is a system
production is a system that
that contributes to the integration of
contributes to the integration of
environmental protection requirements into the
environmental protection
CAP, and promotes sustainable agricultural
requirements into the CAP, and
production. That is why, measures financially
promotes sustainable agricultural
supporting organic production have been
production. That is why, measures
introduced under the CAP, most recently under
financially supporting organic
Regulation (EU) No 1307/2013 of the
production have been introduced
European Parliament and of the Council14, and
under the CAP, most recently under
in particular strengthened in the recent reform
Regulation (EU) No 1307/2013 of
of the legal framework for rural development
the European Parliament and of the
policy as established by Regulation (EU) No
Council
6, and in particular
1305/2013 of the European Parliament and of
strengthened in the recent reform of
the Council15
. This Regulation should
the legal framework for rural
therefore refer to eligible measures within the
development policy as established
national rural development programmes
by Regulation (EU) No 1305/2013
which are to contribute to the support of
6
Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to
farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008
and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
5
Commission proposals
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of the European Parliament and of
organic breeding and improved supply of
the Council
7.
organic seeds and animal feed. Furthermore,
there is an urgent need for reliable data on
existing gaps of supply of organic seeds, feed
and protein sources, and proposals should be
put forward and action plans launched to
cover those gaps so as to start phasing out
existing derogations in respect of those
matters.
(5)
Organic production also
Commission proposal unchanged
Commission proposal unchanged
contributes to the achievements of
the Union environmental policy
objectives, in particular those of the
2020 Biodiversity Strategy
8, the
Green Infrastructure
Communication
9, the Soil Thematic
Strategy
10 and environmental
legislation such as the Birds
11 and
Habits
12 Directives, the Nitrates
Directive
13, the Water Framework
7
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p.
487).
8
COM(2011) 244 final, ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’.
9
SWD(2013) 155 final, ‘Green Infrastructure (GI) – Enhancing Europe's Natural Capital’.
10
COM(2006) 231 final, ‘Thematic Strategy for Soil Protection’.
11
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20,
26.1.2010, p.7).
12
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p.7).
13
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural
sources (OJ L 375, 31.12.1991, p.1).
6
Commission proposals
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Directive
14, the National Emissions
Ceiling Directive
15 and the Directive
on the sustainable use of
pesticides
16.
(6)
In view of the objectives of the Commission proposal unchanged
Commission proposal unchanged
Union's organic production policy,
the legal framework established for
implementing that policy should aim
at ensuring fair competition and a
proper functioning of the internal
market in organic products, and at
maintaining and justifying consumer
confidence in products labelled as
organic. It should further aim at
providing conditions under which
the policy can progress in line with
production and market
developments.
(7)
The policy priorities of the
Commission proposal unchanged
Commission proposal unchanged
Europe 2020 strategy as set out in
the Commission Communication
entitled ‘Europe 2020: A strategy for
14
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in
the field of water policy (OJ L 327, 22.12.2000, p.1).
15
Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric
pollutants (OJ L 309, 27.11.2001, p. 22).
16
Directive 2009/18/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to
achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71)
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smart, sustainable and inclusive
growth’
17 include the aims of
achieving a competitive economy
based on knowledge and innovation,
fostering a high-employment
economy delivering social and
territorial cohesion and supporting
the shift towards a resource-efficient
and low-carbon economy. The
organic production policy should
therefore provide operators with the
right tools to better identify and
promote their products while
protecting them against unfair
practices.
Amendment 4
Recital 7 a (new)
(7a) The organic farming sector in the Union
has developed rapidly in the past years, in
terms not only of the area used for organic
farming but also of the number of holdings
and the overall number of organic operators
registered in the Union.
Amendment 5
Recital 8
(8)
Given the dynamic evolution
Commission proposal unchanged
(8) Given the dynamic evolution of the organic
sector, Council Regulation (EC) No 834/200726
17
COM(2010)2020 final.
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of the organic sector, Council
identified the need for a future review of the
Regulation (EC) No 834/2007
18
Union rules on organic production, taking into
identified the need for a future
account the experience gained from the
review of the Union rules on organic
application of those rules. The results of that
production, taking into account the
review carried out by the Commission show
experience gained from the
that the Union legal framework governing
application of those rules. The
organic production should be improved to
results of that review carried out by
provide for rules that correspond to the high
the Commission show that the Union
expectations of consumers and that guarantee
legal framework governing organic
sufficient clarity for those to whom they are
production should be improved to
addressed. Therefore, Regulation (EC) No
provide for rules that correspond to
834/2007 should be repealed and replaced by a
the high expectations of consumers
new Regulation.
Nevertheless, the provisions
and that guarantee sufficient clarity
of Regulation (EC) No 834/2007 responding
for those to whom they are
to those aims should be preserved in this
addressed. Therefore, Regulation
Regulation. Furthermore, this Regulation
(EC) No 834/2007 should be
should mainly improve the implementation of
repealed and replaced by a new
current principles and rules and create a
Regulation.
dynamic through which the sector can meet
the challenges it faces.
Amendment 6
Recital 9
(9)
Experience gained so far with
(9)
Experience gained so far
(9) Experience gained so far with the
the application of Regulation (EC)
with the application of
application of Regulation (EC) No 834/2007
No 834/2007 shows a need to clarify
Regulation (EC) No 834/2007
shows a need to clarify the
production
the products to which this
shows a need to clarify the
processes and products to which this
Regulation applies. Primarily, it
products to which this Regulation Regulation applies. Primarily, it should cover
should cover agricultural products,
applies. Primarily, it This new
agricultural
production methods and products,
18
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation
(EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
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Commission proposals
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including aquaculture products,
Regulation should cover
including aquaculture
and beekeeping
listed in Annex I to the Treaty on the agricultural products, including
products. Moreover, it should cover processed
Functioning of the European Union
aquaculture products, listed in
agricultural products for use as food or feed
(‘the Treaty’). Moreover, it should
Annex I to the Treaty on the
because the placing on the market of such
cover processed agricultural
Functioning of the European Union products as organic provides a major outlet for
products for use as food or feed
(‘the Treaty’). Moreover, it should
agricultural products and ensures visibility to
because the placing on the market of
cover processed agricultural
the consumer of the organic nature of the
such products as organic provides a
products for use as food or feed
agricultural products from which they are
major outlet for agricultural products because the placing on the market
processed. Likewise, this Regulation should
and ensures visibility to the
of such products as organic
cover certain other products which are
closely
consumer of the organic nature of
provides a major outlet for
linked to agricultural products in a similarly
the agricultural products from which
agricultural products and ensures
close way as processed agricultural products
they are processed. Likewise, this
visibility to the consumer of the
because those other products either constitute a
Regulation should cover certain
organic nature of the agricultural
major outlet for agricultural products or form
other products which are linked to
products from which they are
an integral part of the production process.
agricultural products in a similarly
processed. Likewise, this
Finally, salt should be included in the scope of
close way as processed agricultural
Regulation should cover certain
this Regulation because it is produced by
products because those other
other products which are linked to
applying natural production techniques and its
products either constitute a major
agricultural products in a similarly
production contributes to the development of
outlet for agricultural products or
close way as processed agricultural
rural areas, and thus falls within the objectives
form an integral part of the
products because those other
of this Regulation.
production process. Finally,
sea salt
products either constitute a major
should be included in the scope of
outlet for agricultural products or
this Regulation because it is
form an integral part of the
produced by applying natural
production process.
Finally, salt
production techniques and its
should be included in the scope of
production contributes to the
this Regulation because it is
development of rural areas, and thus
produced by applying natural
falls within the objectives of this
production techniques and its
Regulation.
For reasons of clarity,
production contributes to the
those other products, not listed in
development of rural areas, and
Annex I to the Treaty, should be
thus falls within the objectives of
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listed in an Annex to this
this Regulation. For reasons of
Regulation.
clarity, those other products, not
listed in Annex I to the Treaty,
should be listed in an Annex to
this Regulation.
(10) In order to supplement or
Commission proposal unchanged
Commission proposal unchanged
amend certain non-essential
elements of this Regulation, the
power to adopt acts in accordance
with Article 290 of the Treaty should
be delegated to the Commission. It is
of particular importance that the
Commission carry out appropriate
consultations during its preparatory
work, including at expert level. The
Commission, when preparing and
drawing-up delegated acts, should
ensure a simultaneous, timely and
appropriate transmission of relevant
documents to the European
Parliament and to the Council.
Amendment 7
Recital 11
(11) In order to take into account
(11) In order to take into account
deleted
new production methods or
new production methods or
material or international
material or international
committments, the power to adopt
committments, the power to adopt
certain acts should be delegated to
certain acts should be delegated to
the Commission in respect of the
the Commission in
respect view of
amendment of the list of other
the supplementing amendment of
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products falling within the scope of
the list of other products falling
this Regulation. Only products
within the scope of this Regulation.
which are closely linked to
Only products which are closely
agricultural products should be
linked to agricultural products
eligible for inclusion in that list.
should be eligible for inclusion in
that list.
Amendment 8
Recital 12
(12)
Because of the local nature of (12) Because of the local nature of (12) Food prepared by mass caterers on their
mass catering operations, measures mass catering operations, measures
premises should be subject to this Regulation.
taken by Member States and private taken by Member States and private Products of hunting and fishing of wild animals
schemes in this area are considered
schemes in this area are considered
should not be covered by this Regulation since
adequate to ensure the functioning
adequate to ensure the functioning
the production process cannot be fully
of the single market. Therefore,
of the single market. Therefore,
controlled.
food prepared by mass caterers on
food prepared by mass caterers on
their premises should
not be subject
their premises should not be subject
to this Regulation.
Equally, products to this Regulation
and should
of hunting and fishing of wild
therefore not be labelled or
animals should not be covered by
advertised with the organic
this Regulation since the production
production logo of the European
process cannot be fully controlled.
Union.
Equally, Pproducts of
hunting and fishing of wild animals
should not be
considered as
organic products covered by this
Regulation since the production
process cannot be fully controlled.
Amendment 9
Recital 13
(13) Research projects have
Commission proposal unchanged
(13) Research projects have demonstrated that
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demonstrated that consumer
consumer confidence is crucial in the market
confidence is crucial in the market
for organic food. In the long run, rules that are
for organic food. In the long run,
not trustworthy
, and insufficient
rules that are not trustworthy can
implementation of existing rules and controls
jeopardise public confidence and
at Union level, can jeopardise public
lead to market failure. Therefore the
confidence and lead to market failure.
sustainable development of organic
Therefore
, the sustainable development of
production in the Union should be
organic production in the Union should be
based on sound production rules
based on sound
and transparent production
which are harmonised at Union
rules
and harmonised implementation at
level. In addition, those production
national and Union
levels.
Past experience
rules should meet operators' and
has revealed major deficiencies in controls at
consumers' expectations regarding
Union level. It is of the utmost importance to
the quality of organic products and
improve data collection, communication,
the compliance with the principles
monitoring and coordination of the
and rules laid down in this
implementation of those rules in all Member
Regulation.
States and at Union level.
Amendment 10
Recital 14
(14) This Regulation should apply
Commission proposal unchanged
(14) This Regulation should apply without
without prejudice to
related
prejudice to
other Union legislation
or
legislation
, such as in the field of
national provisions, in conformity with Union
safety of the food chain, animal
law concerning products specified in this
health and welfare, plant health,
Regulation,
such as provisions governing the
plant reproductive material,
production, preparation, marketing, labelling
labelling and the environment.
and control of those products, and including
More specifically, as regards the
legislation on foodstuffs and animal nutrition.
authorisation of products and
More specifically, as regards the authorisation
substances that may be used for the
of products and substances that may be used for
production of organic products, it is
the production of organic products, it is
important to highlight that such
important to highlight that such products and
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products and substances have to be
substances have to be authorised at Union level
authorised at Union level first.
first. Therefore this Regulation should apply
Therefore this Regulation should
without prejudice to other specific Union
apply without prejudice to other
provisions relating to the authorisation and
specific Union provisions relating to
placing on the market of those products and
the authorisation and placing on the
susbstances.
market of those products and
susbstances.
Amendment 11
Recital 15
(15) As a matter of principle, the
(15) As a matter of principle, the
(15) As a matter of principle, the general
general production rules of this
general production rules of this
production rules of this Regulation should
Regulation should include a
Regulation should include a
include a prohibition on the use of ionising
prohibition on the use of ionising
prohibition on the use of ionising
radiation and genetically modified organisms
radiation and genetically modified
radiation
, animal cloning and
(GMOs) and products produced from or by
organisms (GMOs) and products
genetically modified organisms
GMOs.
Efforts should be made to develop the
produced from or by GMOs. Since
(GMOs) and products produced
market in respect of veterinary medicinal
consumers are
more and more
from or by GMOs.
Organic
products without GMOs. Since consumers are
concerned about environmental
operators should take
increasingly concerned about environmental
impacts of food processing and
appropriate preventive measures
impacts of food processing and transportation,
transportation, organic operators
at all stages of production,
organic operators other than
micro-enterprises,
other than farmers and operators
preparation and distribution in
farmers,
beekeepers, retailers and operators
producing
seaweed or aquaculture
order to ensure prevention and
producing
algae or aquaculture animals should
animals should be required to
control of pests and weeds and in
be required to
improve their environmental
manage their environmental
particular to avoid contamination performance
in accordance with a harmonised
performance
according to a
with products and substances
framework. With the objective of minimising
harmonised
system. With the
that are not authorised in organic the regulatory burden of micro-enterprises as
objective of minimising
the
production. Since consumers are
defined in Commission Recommendation
regulatory burden
of micro-
more and more concerned about
2003/361/EC27involved in organic production,
enterprises as defined in
environmental impacts of food
it is appropriate to exempt them from this
Commission Recommendation
processing and transportation,
requirement. In order to ensure the correct
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Commission proposals
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2003/361/EC
19 involved in organic
organic operators other than
application of the general production rules, the
production
, it is appropriate to
farmers and operators producing power to adopt certain acts should be delegated
exempt them from this requirement.
seaweed or aquaculture animals
to the Commission in respect of
supplementing
In order to ensure the correct
should be required to manage
certain criteria
of the environmental
application of the general production
their environmental performance management
framework.
rules, the power to adopt certain acts
according to a harmonised
should be delegated to the
system. With the objective of
Commission in respect of
minimising the regulatory
establishing the criteria
to which the
burden of micro-enterprises as
environmental management
system
defined in Commission
is to correspond.
Recommendation 2003/361/EC20
involved in organic production, it
is appropriate to exempt them
from this requirement. In order
to ensure the correct application
of the general production rules,
the power to adopt certain acts
should be delegated to the
Commission in respect of
establishing the criteria to which
the environmental management
system is to correspond.
Amendment 12
Recital 16
(16) The risk of non-compliance
(16)
All operators who aim to
(16) The risk of non-compliance with the
with the organic production rules is
become organic should manage
organic production rules is considered higher in
19
Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124,
of 20.05.2003, p. 36).
20
Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ
L 124, of 20.05.2003, p. 36).
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Commission proposals
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considered higher in agricultural
their entire holding in compliance agricultural holdings which include units not
holdings which include units not
with the requirements applicable
managed under organic production rules.
managed under organic production
to organic production. However,
Therefore, after an appropriate conversion
rules. Therefore, after an appropriate
to facilitate entering the organic
period, all agricultural holdings in the Union
conversion period, all agricultural
scheme and to favour the
which aim to become organic should be
holdings in the Union which aim to
development of environmental
entirely managed in compliance with the
become organic should be entirely
practices in agriculture, a holding requirements applicable to organic production.
managed in compliance with the
may be split into separated units
However,
mixed farms including production
requirements applicable to organic
which are not all managed
units dedicated to non-organic production and
production.
Organic agricultural
according to this Regulation. The
production units which are in compliance
holdings should undergo the same
risk of non-compliance with the
with this Regulation should be allowed in
conversion period in all Member
organic production rules is
cases where conventional farming activities
States, irrespective of whether they
considered higher in agricultural
are clearly differentiated from organic
have previously adhered to agri-
holdings which include units not
farming activities. Moreover, no conversion
environmental measures supported
managed under organic
period
should be necessary in the case of
by Union funds. However, no
production rules. Therefore, after fallow land
or where there is evidence that
conversion period is necessary in the
an appropriate conversion
only substances authorised for organic
case of fallow land. In order to
period, all agricultural holdings
production have been used on the land
ensure quality, traceability and
in the Union which aim to
concerned for at least the time period required
compliance with this Regulation and
become organic should be
for conversion and provided that other
adaptation to technical
entirely managed in compliance
necessary requirements are fulfilled. In order
developments, the power to adopt
with the requirements applicable
to ensure quality, traceability and compliance
certain acts should be delegated to
to organic production. Organic
with this Regulation and adaptation to technical
the Commission in respect of
agricultural holdings should
developments, the power to adopt certain acts
establishing rules supplementing the
undergo the same conversion
should be delegated to the Commission in
general conversion rules or
period in all Member States,
respect of establishing rules supplementing the
supplementing
and amending the
irrespective of whether they have
general conversion rules or supplementing the
specific conversion rules.
previously adhered to agri-
specific conversion rules.
environmental measures
supported by Union funds.
However, no conversion period is
necessary in the case of fallow
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Commission proposals
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land. In order to ensure quality,
traceability and compliance with
this Regulation and adaptation to
technical developments, the
power to adopt certain acts
should be delegated to the
Commission in respect of
establishing rules supplementing
the general conversion rules or
supplementing and amending the
specific conversion rules.
Amendment 13
Recital 16 a (new)
(16a) The choice of species or variety to be
cultivated should take account of their ability
to adapt to climatic and pedo-climatic
conditions and their resistance to disease.
(16a) The conversion to the
organic production method
requires certain periods of
adaptation. Specific time periods
for the various production sectors
should be laid down. Organic
agricultural and aquaculture
holdings should undergo the
same conversion periods in all
Member States and third
countries. To facilitate entering
the organic scheme and to favour
the development of
17
Commission proposals
Council General Approach
COMAGRI Vote
environmental practices in
agriculture, under certain
conditions, previous periods may
be recognised retroactively as
being part of the conversion
period.
(16b) Products produced during
the relevant conversion periods
cannot be marketed as organic.
Products of plant origin
containing only one crop
ingredient of agricultural origin
can be marketed as in-conversion
products and can be allowed in
organic production under the
condition that a 12 months
conversion period has been
respected, since these products
can usefully contribute to
supplying livestock with feed
from the farm or the region and
are allowed to be used in organic
production. However, products
that are not of plant origin or
products of plant origin that
contain more than one crop
ingredient of agricultural origin
or that have been harvested
before the 12 months conversion
period, should not be marketed
as in-conversion products as such
products might create confusion
18
Commission proposals
Council General Approach
COMAGRI Vote
in the market of organic
products.
(17) Specific production rules
(17)
Specific Pproduction rules
Commission proposal unchanged
should be established with regard to
should be established with regard to
plant, livestock and aquaculture
plant, livestock and aquaculture
production, including rules for the
production, including rules for the
collection of wild plants and
collection of wild plants and
seaweeds, and with regard to the
seaweeds algae, and with regard to
production of processed food and
the production of processed food
feed, as well as of wine and yeast to
and feed, as well as of wine and
ensure harmonisation and respect of
yeast to ensure harmonisation and
the objectives and principles of
respect of the objectives and
organic production.
principles of organic production.
Amendment 14
Recital 17 a (new)
(17a) The specific requirements of plant and
animal breeding have not been sufficiently
taken into account in previous Regulations
and should be clearly defined and developed
in this Regulation. This is specifically
necessary in order to solve the problem of
existing gaps in the availability of organic
seeds and animals suitable for organic
production on the internal market. The
Commission should therefore take the
necessary steps to enhance organic breeding
of plants and animals through respective
measures and research programmes.
19
Commission proposals
Council General Approach
COMAGRI Vote
(18) As organic plant production is
(18) As organic plant production
Commission proposal unchanged
based on nourishing the plants
is based on nourishing
the plants
,
primarily through the soil
which grow naturally in soil,
ecosystem, hydroponic production
primarily through the soil
should not be allowed. In addition,
ecosystem, hydroponic production
organic plant production should
should not be allowed. In addition,
involve the use of production
organic plant production should
techniques that prevent or minimise
involve the use of production
any contribution to the
techniques that prevent or minimise
contamination of the environment.
any contribution to the
contamination of the environment.
Amendment 15
Recital 19
(19) Concerning soil management
Commission proposal unchanged
(19) Concerning soil management and
and fertilisation, conditions should
fertilisation, conditions should be laid down for
be laid down for the use of
the use of cultivation practices allowed in
cultivation practices allowed in
organic plant production and for the use of
organic plant production and for the
fertilisers and conditioners.
Member States
use of fertilisers and conditioners.
should, in this respect, encourage producers
in organic farming areas to form groups in
order to reduce the risk of contamination by
substances used in conventional farming.
Given the potential of biochar, which
increases soil fertility in a natural way,
reduces the use of fertilisers and water and
helps reduce greenhouse gas emissions, its
use should be permitted in soil management.
Amendment 16
20
Commission proposals
Council General Approach
COMAGRI Vote
Recital 19 a (new)
(19a) Since groundwater is the main vector
for the transport of residues generated by
conventional farming practices, Member
States should encourage organic farming
practices in upstream areas.
Amendment 17
Recital 20
(20) The use of pesticides, should
Commission proposal unchanged
(20) The use of pesticides should be
be significantly restricted.
significantly restricted. Preference should be
Preference should be given to the
given to the application of measures that
application of measures that prevent
prevent any damage by pests
, weeds and
any damage by pests
and weeds
diseases through techniques which do not
through techniques which do not
involve the use of plant protection products
involve the use of plant protection
such as crop
alternation and rotation. Presence
products such as crop rotation.
of pests
, weeds and diseases should be
Presence of pests
and weeds should
monitored to decide whether any intervention is
be monitored to decide whether any
economically and ecologically justified. The
intervention is economically and
use of certain plant protection products should
ecologically justified. The use of
be allowed if such techniques do not provide
certain plant protection products
adequate protection and only if those plant
should be allowed if such techniques
protection products have been authorised in
do not provide adequate protection
accordance with Regulation (EC) No
and only if those plant protection
1107/2009 of the European Parliament and of
products have been authorised in
the Council28, after having been assessed to be
accordance with Regulation (EC) No
compatible with objectives and principles of
1107/2009 of the European
organic production, including with restrictive
Parliament and of the Council
21,
conditions of use, and consequently authorised
21
Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection
products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
21
Commission proposals
Council General Approach
COMAGRI Vote
after having been assessed to be
in accordance with this Regulation.
compatible with objectives and
principles of organic production,
including with restrictive conditions
of use, and consequently authorised
in accordance with this Regulation.
Amendment 18
Recital 21
(21) In order to ensure quality,
(21) In order to ensure quality,
(21) In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation and adaptation
Regulation and adaptation to
this Regulation and adaptation to to technical developments, the power to adopt
technical developments, the power
technical developments, the
certain acts should be delegated to the
to adopt certain acts should be
power to adopt certain acts
Commission in respect of establishing rules
delegated to the Commission in
should be delegated to the
supplementing the specific plant production
respect of establishing rules
Commission in respect of
rules as regards soil management and
amending or supplementing the
establishing rules amending or
fertilisation, plant health and management of
specific plant production rules as
supplementing the specific plant
pests
, weeds and diseases, management of
regards
cultivation practices, soil
production rules as regards
mushroom production and other specific plants
management and fertilisation, plant
cultivation practices, soil
and plant production systems and the collection
health and management of pests
and management and fertilisation,
of wild plants.
weeds, management of mushroom
plant health and management of
production and other specific plants
pests and weeds, management of
and plant production systems
, the
mushroom production and other
production origin of plant
specific plants and plant
reproductive material and the
production systems, the
collection of wild plants.
production origin of plant
reproductive material and the
collection of wild plants.
Amendment 19
Recital 21 a (new)
22
Commission proposals
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(21a) Given that it is important to develop the
use of seeds and plants that are suited to soil
and climate conditions and that meet
consumer expectations, the production of
organic seeds and plants should be
encouraged while continuing to provide for
the possibility of using non-organic seeds and
plants where no organic equivalents are
available, or in order to ensure that a
sufficient genetic base is maintained.
Amendment 20
Recital 21 b (new)
(21b) Given that organic farming needs to be
able to rely on genetically high-quality
animals for breeding, and that those animals
must be reared in accordance with organic
farming rules, it is desirable to maintain the
possibility of using non-organic breeding
animals under certain conditions in order to
offset a lack of availability or to ensure a
sufficient genetic base, particularly in the case
of rarer species and breeds.
Amendment 21
Recital 22
(22) As livestock production
Commission proposal unchanged
(22) As livestock production naturally involves
naturally involves the management
the management of agricultural land, where the
of agricultural land, where the
manure is used to nourish crop production,
manure is used to nourish crop
landless livestock production should be
production, landless livestock
prohibited. The choice of breeds should take
production should be prohibited. The
account of their capacity to adapt to local
23
Commission proposals
Council General Approach
COMAGRI Vote
choice of breeds should take account
conditions, their vitality and their resistance to
of their capacity to adapt to local
disease, and a wide biological diversity should
conditions, their vitality and their
be encouraged
, provided that this is not at the
resistance to disease, and a wide
expense of indigenous and local breeds and
biological diversity should be
species, the keeping of which should be
encouraged.
supported.
(23) Organic livestock and
(23) Organic livestock and
Commission proposal unchanged
aquaculture production housing,
aquaculture production housing,
including where relevant the aquatic
including where relevant the
medium, should satisfy the
aquatic medium, should satisfy the
behavioural needs of the animals.
behavioural needs of the
Specific housing conditions and
animals.Specific housing
husbandry practices should be laid
conditions and husbandry practices
down with regard to certain animals,
should be laid down with regard
including bees. Those conditions and
to certain animals, including
practices should ensure a high level
bees. Those conditions and
of animal welfare, which in certain
practices should ensure a high
aspects should go beyond the Union
level of animal welfare, which in
animal welfare standards applicable
certain aspects should go beyond
to livestock production in general. In the Union animal welfare standards
most cases livestock should have
applicable to livestock production
permanent access to open air areas
in general.
In most cases livestock
for grazing and such open air areas
should have permanent access to
should in principle be organised
open air areas for grazing and
under an appropriate system of
such open air areas should in
rotation.
principle be organised under an
appropriate system of rotation.
Amendment 22
Recital 23 a (new)
24
Commission proposals
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(23a) Due to existing exceptions to higher
animal welfare standards in organic
production, the associated farming practices
for animals vary considerably across the
Union.
Amendment 23
Recital 24
(24) In order to avoid
Commission proposal unchanged
(24) In order to avoid environmental pollution
environmental pollution of natural
of natural resources such as soil
, aquifers and
resources such as soil and water by
water by nutrients, an upper limit for the use of
nutrients, an upper limit for the use
manure per hectare and for keeping livestock
of manure per hectare and for
per hectare should be set. That limit should be
keeping livestock per hectare should
related to the nitrogen content of the manure.
be set. That limit should be related to
the nitrogen content of the manure.
Amendment 24
Recital 25
(25) Mutilations which lead to
(25) Mutilations
which lead to
(25)
All mutilations which lead to stress, harm,
stress, harm, disease or suffering of
stress, harm, disease or suffering
disease or suffering of animals should be
animals should be prohibited.
of animals should be prohibited.
prohibited.
It should be possible for competent
However, tail docking, trimming
authorities to authorise the trimming of the
of beaks, dehorning including
beaks of poultry, when undertaken in the first
disbudding and castration of
three days of life, attaching elastic bands to
piglets may be allowed only on a
the tails of sheep and tail-docking, for reasons
case by case basis and under
of safety or animal and human health or if
certain conditions, when they
those practices are intended to improve the
improve the health, welfare or
health, welfare or hygiene of the livestock
hygiene of the livestock or when
concerned. Dehorning and castration of
25
Commission proposals
Council General Approach
COMAGRI Vote
workers' safety is compromised.
young mammals should be approved only if
These operations should be
adequate anaesthesia and/or analgesia are
authorised by a competent
applied.
authority and carried out by
qualified personnel and by
applying adequate anaesthesia
and/or analgesia in order to
reduce to a minimum any
suffering to the animals.
Amendment 25
Recital 26
(26) Livestock should be fed on
(26) Livestock should be fed on
(26) Livestock should be fed on feed materials
feed materials produced in
feed materials produced in
produced in accordance with the rules of
accordance with the rules of organic
accordance with the rules of
organic production, and preferably coming
production, and preferably coming
organic production, and preferably
from the own holding, taking their
from the own holding, taking their
coming from the own holding,
physiological needs into account
in terms of
physiological needs into account. In
taking their physiological needs
both quality and quantity. It should be
addition, in order to provide for the
into account.
However, because of
possible for part of the ration to contain feed
basic nutritional requirements of
the limited availability of certain
from holdings which are in the process of
livestock, certain minerals, trace
organic feed materials on the EU
converting to organic farming. In addition, in
elements and vitamins may need to
market, in certain cases, non-
order to provide for the basic nutritional
be used under well-defined
organic feed materials may be
requirements of livestock, certain minerals,
conditions.
used in the feeding of organic
trace elements and vitamins may need to be
animals and in the processing of
used under well-defined conditions.
However,
organic feed. In addition, in order
given the fact that vegetable proteins are
to provide for the basic nutritional
currently not available on the market in
requirements of livestock, certain
sufficient quantities and are needed in order
minerals, trace elements and
to ensure animal health in organic
vitamins may need to be used under
production, the Commission should take the
well-defined conditions.
necessary steps to support the production of
proteins in organic form.
26
Commission proposals
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(27) Animal health management
(27) Animal health management
Commission proposal unchanged
should mainly be based on
should mainly be based on
prevention of disease. In addition,
prevention of disease. In addition,
specific cleaning and disinfection
specific cleaning and disinfection
measures should be applied. The
measures should be applied. The
preventive use of chemically-
preventive use of chemically-
synthesised allopathic medicinal
synthesised allopathic medicinal
products should not be permitted in
products should not be permitted in
organic production, except in the
organic production, except in the
event of sickness or injury of an
event of sickness or injury of an
animal requiring immediate
animal requiring immediate
treatment and limited to the
treatment and limited to the
minimum necessary to re-establish
minimum necessary to re-establish
the well-being of the animal. In such the well-being of the animal. In
cases, in order to guarantee the
such cases, in order to guarantee
integrity of organic production for
the integrity of organic production
consumers, it should be possible to
for consumers, it should be possible
take restrictive measures such as
to take restrictive measures such as
doubling the official withdrawal
doubling the official withdrawal
period after use of such medicinal
period after use of such medicinal
products as specified in the relevant
products as specified in the relevant
Union legislation. Regarding
Union legislation.
Regarding
beekeeping, it is necessary to lay
beekeeping, it is necessary to lay
down specific rules for disease
down specific rules for disease
prevention and veterinary treatment.
prevention and veterinary
treatment.
Amendment 26
Recital 28
(28) In order to ensure quality,
(28) In order to ensure quality,
(28) In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation and adaptation
to technical developments, the power to adopt
27
Commission proposals
Council General Approach
COMAGRI Vote
Regulation and adaptation to
this Regulation and adaptation to certain acts should be delegated to the
technical developments, the power
technical developments, the
Commission in respect of establishing rules
to adopt certain acts should be
power to adopt certain acts
supplementing the specific livestock production
delegated to the Commission in
should be delegated to the
rules as regards
nutrition, disease prevention
respect of establishing rules
Commission in respect of
and veterinary treatment.
amending or supplementing the
establishing rules amending or
specific livestock production rules as
supplementing the specific
regards the origin of animals,
livestock production rules as
livestock housing, including
regards the origin of animals,
minimum surface areas indoors
livestock housing, including
and outdoors and the maximum
minimum surface areas indoors
number of animals per hectare,
and outdoors and the maximum
husbandry practices, breeding, feed
number of animals per hectare,
and feeding, disease prevention and
husbandry practices, breeding,
veterinary treatment.
feed and feeding, disease
prevention and veterinary
treatment.
(29) This Regulation reflects the
Commission proposal unchanged
Commission proposal unchanged
objectives of the new Common
Fisheries Policy as regards
aquaculture, which plays a key role
in ensuring sustainable, long-term
food security as well as growth and
employment while reducing pressure
on wild fish stocks, in a context of
growing global aquatic food
demand. The 2013 Communication
from the Commission to the Council
and the European Parliament on
Strategic Guidelines for the
28
Commission proposals
Council General Approach
COMAGRI Vote
sustainable development of
European aquaculture
22 highlights
the main challenges faced by the
Union aquaculture and its potential
for growth. It identifies organic
aquaculture as a particularly
promising sector, and highlights the
competitive advantages deriving
from organic certification.
(30) Organic aquaculture is a
Commission proposal unchanged
Commission proposal unchanged
relatively new field of organic
production compared to organic
agriculture where long experience
exists at the farm level. Given
consumers’ growing interest in
organic aquaculture products, further
growth in the conversion of
aquaculture units to organic
production is likely. This is leading
to increased experience, technical
knowledge and development, with
improvements in organic
aquaculture that should be reflected
in the production rules.
(31) In order to ensure common
(31) In order to ensure common
Commission proposal unchanged
understanding, avoid ambiguities
understanding, avoid ambiguities
and guarantee uniform application of
and guarantee uniform
the organic aquaculture animal and
application of the organic
22
COM(2013) 229 of 29.4.2013.
29
Commission proposals
Council General Approach
COMAGRI Vote
seaweed production rules, certain
aquaculture animal and seaweed
definitions relating to aquaculture
production rules, certain
should accompany those production
definitions relating to
rules.
aquaculture should accompany
those production rules.
Amendment 27
Recital 32
(32) In order to ensure quality,
(32) In order to ensure quality,
(32) In order to ensure quality, traceability and
traceability and compliance with this traceability and compliance with
compliance with this Regulation and adaptation
Regulation and adaptation to
this Regulation and adaptation to
to technical developments, the power to adopt
technical developments, the power
technical developments, the power
certain acts should be delegated to the
to adopt certain acts should be
to adopt certain acts should be
Commission in respect of establishing rules
delegated to the Commission in
delegated to the Commission in
supplementing the specific
algae production
respect of establishing rules
respect of establishing rules
rules as regards the
harvesting of wild algae
amending or supplementing the
amending or supplementing the
and algae cultivation, including for different
specific
seaweed production rules as
specific
seaweed production rules
species of algae, and antifouling measures and
regards the
suitability of the aquatic for the production of aquaculture cleaning of production equipment and facilities,
medium and the sustainable
animals as regards
disease
and in respect of the establishment of rules
management plan, the harvesting of prevention and veterinary
supplementing the specific production rules for
wild seaweed, seaweed cultivation,
treatment in particular. the
aquaculture animals
, including for specific
and antifouling measures and
suitability of the aquatic medium
aquaculture species, as regards the origin of
cleaning of production equipment
and the sustainable management
aquaculture animals,
housing conditions and
and facilities, and in respect of the
plan, the harvesting of wild
husbandry practices, management of
molluscs,
establishment of rules
seaweed, seaweed cultivation, and feed and feeding, disease prevention and
supplementing the specific
antifouling measures and
veterinary
treatments.
production rules for aquaculture
cleaning of production equipment
animals
as regards the suitability of
and facilities, and in respect of
the aquatic medium and the
the establishment of rules
sustainable management plan, the
supplementing the specific
origin of aquaculture animals,
production rules for aquaculture
aquaculture husbandry, including
animals as regards the suitability
30
Commission proposals
Council General Approach
COMAGRI Vote
aquatic containment systems,
of the aquatic medium and the
production systems and maximum
sustainable management plan,
stocking density, breeding,
the origin of aquaculture animals,
management of
aquaculture
aquaculture husbandry,
animals, feed and feeding,
and
including aquatic containment
disease prevention and veterinary
systems, production systems and
treatment.
maximum stocking density,
breeding, management of
aquaculture animals, feed and
feeding, and disease prevention
and veterinary treatment.
(33) Operators producing organic
Commission proposal unchanged
Commission proposal unchanged
food or feed should follow
appropriate procedures based on
systematic identification of critical
processing steps in order to ensure
that processed products comply with
the organic production rules.
Organic processed products should
be produced by means of processing
methods which guarantee that the
organic integrity and vital qualities
of the products are maintained
through all stages of organic
production.
Amendment 28
Recital 33 a (new)
(33a) The Commission should ensure that
Member States adopt measures to tackle
unfair practices in the food supply chain
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Commission proposals
Council General Approach
COMAGRI Vote
within the organic sector.
Amendment 29
Recital 34
(34) Provisions concerning the
Commission proposal unchanged
(34) Provisions concerning the composition of
composition of organic processed
organic processed food should be laid down. In
food should be laid down. In
particular, such food should be produced from
particular, such food should be
agricultural ingredients that are organic with a
produced
mainly from agricultural
limited possibility to use certain non-organic
ingredients that are organic with a
agricultural ingredients specified in this
limited possibility to use certain
Regulation. In addition, only certain substances
non-organic agricultural ingredients
authorised in accordance with this Regulation
specified in this Regulation. In
should be allowed for use in the production of
addition, only certain substances
organic processed food.
authorised in accordance with this
Regulation should be allowed for
use in the production of organic
processed food.
Amendment 30
Recital 35
(35) Processed food should be
(35) Processed food should be
(35) Processed food should be labelled as
labelled as organic only where all or
labelled as organic only where all
organic only where all or almost all the
almost all the ingredients of
or almost all the ingredients of
ingredients of agricultural origin are organic.
agricultural origin are organic.
agricultural origin are organic.
However, special labelling provisions should
However, special labelling
However, special labelling
be laid down for processed foods which include
provisions should be laid down for
provisions should be laid down
agricultural ingredients that cannot be obtained
processed foods which include
for processed foods which include organically, as is the case for products of
agricultural ingredients that cannot
agricultural ingredients that
hunting and fishing. Moreover, for the purposes
be obtained organically, as is the
cannot be obtained organically,
of consumer information and transparency in
case for products of hunting and
as is the case for products of
the market, and to encourage the use of organic
ingredients, it should also be made possible to
32
Commission proposals
Council General Approach
COMAGRI Vote
fishing. Moreover, for the purposes
hunting and fishing. Moreover,
refer to organic production in the ingredients
of consumer information and
for the purposes of consumer
list under certain conditions
, and to the origin
transparency in the market, and to
information and transparency in
of organic products.
encourage the use of organic
the market, and to encourage the
ingredients, it should also be made
use of organic ingredients, it
possible to refer to organic
should also be made possible to
production in the ingredients list
refer to organic production in the
under certain conditions.
ingredients list under certain
conditions.
(36) Provisions concerning the
Commission proposal unchanged
Commission proposal unchanged
composition of organic processed
feed and the use of certain
substances and techniques in the
production of that feed should be
laid down.
Amendment 31
Recital 37
(37) In order to ensure quality,
(37) In order to ensure quality,
(37) In order to ensure quality, traceability and
traceability and compliance with this traceability and compliance with
compliance with this Regulation and adaptation
Regulation and adaptation to
this Regulation and adaptation to
to technical developments, the power to adopt
technical developments, the power
technical developments, the power
certain acts should be delegated to the
to adopt certain acts should be
to adopt certain acts should be
Commission in respect of establishing rules
delegated to the Commission in
delegated to the Commission in
supplementing the specific production rules for
respect of establishing rules
respect of establishing rules
processed feed as regards
preventive and
amending or supplementing the
amending or supplementing the
precautionary measures to be taken
and the
specific production rules for
specific production rules for
techniques used in feed processing, and in
processed
food and feed as regards
processed food
and feed as regards
respect of the specific production rules for
the procedures to be followed,
the
procedures to be followed,
processed food as regards preventive and
preventive measures to be taken
, the
preventive measures to be taken,
precautionary measures to be taken, the
composition of processed food and
the
type, composition
and
composition and conditions of use of products
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Commission proposals
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COMAGRI Vote
feed, cleaning measures, the
condition of use of products and
and substances allowed for use in processed
placing on the market of processed
substances allowed for use in of
food, the list of non-organic agricultural
products including their labelling
processed food and
supplementing ingredients which may exceptionally be used in
and identification, separation of
the production rules for
the production of organic processed products,
organic products, agricultural
processed feed.
cleaning
calculation of the percentage of agricultural
ingredients and feed materials from measures, the placing on the
ingredients, and the techniques used in food
non-organic products, agricultural
market of processed products
processing.
ingredients and feed materials, the
including their labelling and
list of non-organic agricultural
identification, separation of
ingredients which may exceptionally
organic products, agricultural
be used in the production of organic
ingredients and feed materials
processed products, calculation of
from non-organic products,
the percentage of agricultural
agricultural ingredients and feed
ingredients, and the techniques used
materials, the list of non-organic
in food
or feed processing.
agricultural ingredients which
may exceptionally be used in the
production of organic processed
products, calculation of the
percentage of agricultural
ingredients, and the techniques
used in food or feed processing.
Amendment 32
Recital 38
(38) Organic wine should be
Commission proposal unchanged
(38) Organic wine should be produced entirely
produced entirely from organic raw
from organic raw material and only certain
material and only certain substances
substances authorised in accordance with this
authorised in accordance with this
Regulation should be allowed to be added.
Regulation should be allowed to be
Oenological practices, processes and treatments
added.
Certain oenological
must be performed in accordance with
practices, processes and treatments
production rules as defined in this Regulation.
should be prohibited in the
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Commission proposals
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COMAGRI Vote
production of organic wine. Other
practices, processes and treatments
should be permitted under well-
defined conditions.
Amendment 33
Recital 39
(39) In order to ensure quality,
(39) In order to ensure quality,
(39) In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation and adaptation
Regulation and adaptation to
this Regulation and adaptation to to technical developments, the power to adopt
technical developments, the power
technical developments, the
certain acts should be delegated to the
to adopt certain acts should be
power to adopt certain acts
Commission in respect of establishing rules
delegated to the Commission in
should be delegated to the
supplementing the specific wine production
respect of establishing rules
Commission in respect of
rules as regards oenological practices and
amending or supplementing the
establishing rules amending or
restrictions.
specific wine production rules as
supplementing the specific wine
regards oenological practices and
production rules as regards
restrictions.
oenological practices and
restrictions.
(40) Initially yeast was not
(40) Initially yeast was not
Commission proposal unchanged
considered an agricultural ingredient considered an agricultural
under Regulation (EC) No 834/2007
ingredient under Regulation (EC)
and therefore it did not count for the
No 834/2007 and therefore it did
agricultural composition of organic
not count for the agricultural
products. However, Commission
composition of organic products.
Regulation (EC) No 889/2008
23
However, Commission Regulation
23
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for implementation of Council Regulation (EC) No
834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control ( OJ L 250,
18.9.2008, p. 1).
35
Commission proposals
Council General Approach
COMAGRI Vote
introduced the obligatory calculation (EC) No 889/2008
24 introduced the
of yeast and yeast products as
obligatory calculation of yeast and
agricultural ingredients for the
yeast products as agricultural
purposes of organic production as of
ingredients for the purposes of
31 December 2013, which gave the
organic production as of 31
industry sufficient time to adjust to
December 2013
, which gave the
that rule. Accordingly, only
industry sufficient time to adjust
organically produced substrates
to that rule. Accordingly, only
should be used in the production of
organically produced substrates
organic yeast and only certain
should be used in the production of
substances should be allowed for use organic yeast and only certain
in its production, confection and
substances should be allowed for
formulation. In addition, organic
use in its production, confection
yeast should not be present in
and formulation. In addition,
organic food or feed together with
organic yeast should not be present
non-organic yeast.
in organic food or feed together
with non-organic yeast.
However,
to ensure a smooth transition to
the new production rules, it is
necessary to allow, for a limited
period of time, the use of a
limited percentage of non-organic
yeast extract for the production
of organic yeast.
Amendment 34
Recital 41
(41) In order to ensure quality,
(41) In order to ensure quality,
(41) In order to ensure quality, traceability and
24
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for implementation of Council Regulation (EC) No
834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control ( OJ L 250,
18.9.2008, p. 1).
36
Commission proposals
Council General Approach
COMAGRI Vote
traceability and compliance with this traceability and compliance with
compliance with this Regulation and adaptation
Regulation and adaptation to
this Regulation and adaptation to
to technical developments, the power to adopt
technical developments, the power
technical developments, the power
certain acts should be delegated to the
to adopt certain acts should be
to adopt certain acts should be
Commission in respect of establishing rules
delegated to the Commission in
delegated to the Commission in
supplementing the specific production rules for
respect of establishing rules
respect of establishing rules
organic yeast as regards the processing and the
amending or supplementing the
amending or supplementing the
substrates used in its production.
specific production rules for organic
specific production rules for
yeast as regards the processing and
organic yeast as regards the
the substrates used in its production.
processing and the substrates used
in its production.
Amendment 35
Recital 42
(42)
In order to take account of
(42)
This Regulation covers a
(42)
Where this Regulation does not lay down
any future need to have specific
wide range of products and lays
detailed production rules
for certain animal
production rules
for products whose
down production rules for
species, certain aquatic plants and certain
production does not fall within any
different categories of products:
micro-algae, national rules or, in the absence
of the categories of specific
plants, livestock, algae and
thereof, private standards recognised by the
production rules laid down in this
aquaculture animals, as well as
Member States should apply pending the
Regulation, as well as in order to
processed food, including wine,
inclusion of detailed production rules in this
ensure quality, traceability and
processed feed and yeast used as
Regulation. Such national rules or private
compliance with this Regulation
food and feed. In the cases where
standards should be notified to the
and, subsequently, adaptation to
no specific production rules are
Commission.
The rules laid down in this
technical developments, the power
laid down for plants or plant
Regulation in respect of labelling, controls
to adopt certain acts should be
products, livestocks, algae or
and certification should apply accordingly.
delegated to the Commission
in
aquaculture animals, it should be
respect of establishing specific
clarified that products marketed
production rules for such products,
as organic have to comply with
including amendments or
the production rules laid down
supplements thereof.
for the relevant category of
products, with the general
37
Commission proposals
Council General Approach
COMAGRI Vote
production rules and with the
principles of organic production.
In the absence of specific
production rules laid down in an
implementing act for specific
plants, plant products or plant
production systems and
implementing act for livestocks
pecies other than bovine, ovine,
caprine, equine, porcine animals,
poultry and bees, Member States
may apply national rules for
those products. However, the
harmonisation achieved through
this Regulation and in particular
the free movements of products
complying with this Regulation
should not be endangered.
National rules should therefore
respect the principles and rules of
this Regulation and should only
apply to products produced in
the Member States laying down
national rules. They should not
apply to products that are
produced in accordance with this
Regulation in other Member
States. In order to take account
of any future need to have
specific production rules for
products whose production does
not fall within any of the
38
Commission proposals
Council General Approach
COMAGRI Vote
categories of specific production
rules laid down in this
Regulation, as well as in order to
ensure quality, traceability and
compliance with this Regulation
and, subsequently, adaptation to
technical developments, the
power to adopt certain acts
should be delegated to the
Commission in respect of
establishing specific production
rules for such products, including
amendments or supplements
thereof.
(42a) In the cases where products
are covered by the scope of the
Regulation, but do not fall under
one of the previously mentioned
categories of products (plants,
livestock, algae and aquaculture
animals, as well as processed
food, including wine, processed
feed and yeast used as food and
feed), it should be clarified that,
pending the adoption of
production rules for such
products, they have to comply
with the general production rules
and with the principles of organic
production in order to be
marketed as organic. To be able
to take account of any future
39
Commission proposals
Council General Approach
COMAGRI Vote
need in the internal market to
have production rules for such
products, the power to adopt
certain acts should be delegated
to the Commission in respect of
establishing production rules for
such products. In the absence of
these production rules laid down
in a delegated act, Member States
may apply national rules for such
products. However, the
harmonisation achieved through
this Regulation and in particular
the free movement of products
complying with this Regulation
should not be endangered.
National rules should therefore
respect the principles and rules of
this Regulation and should only
apply to products produced in
the Member State laying down
national rules. They should not
apply to products that are
produced in accordance with this
Regulation in other Member
States.
Amendment 36
Recital 43
(43) Regulation (EC) No 834/2007
(43) Regulation (EC) No 834/2007 (43) Regulation (EC) No 834/2007 provided
provided for different exceptions
provided for different exceptions
for different exceptions from organic
from organic production rules. The
from organic production rules. The
production rules. The experience gained from
40
Commission proposals
Council General Approach
COMAGRI Vote
experience gained from the
experience gained from the
diverse the application of those provisions has shown
application of those provisions has
application of those provisions has
that such exceptions have
not created
shown that such exceptions have
a
shown that such exceptions have a
sufficient stimulus to make such exceptions
negative impact on organic
negative impact on organic
superfluous. In particular, it has been found
production. In particular, it has been production
. I,in particular,
it has
that the very existence of such exceptions
can
found that the very existence of such
been found that the very
impede an increase in supply of inputs in
exceptions
impedes the production
existence of such exceptions
organic form and that the high level of animal
of inputs in organic form and that
impedes the production of inputs
welfare associated with organic production is
the high level of animal welfare
in organic form and that the high not
always ensured. In addition, the
associated with organic production is
level of animal welfare associated management and control of exceptions entail
not ensured. In addition, the
with organic production is not
considerable administrative burden, both for
management and control of
ensured. In addition, the
the national administrations and operators.
exceptions entail considerable
management and control of
Finally, the existence of exceptions has created
administrative burden, both for the
exceptions entail considerable
conditions for distortions in competition and
national administrations and
administrative burden, both for the
has threatened to undermine consumer
operators. Finally, the existence of
national administrations and
for
confidence. Accordingly,
measures to
exceptions has created conditions for operators.
FinallyIn addition, the
stimulate the development of organic breeding
distortions in competition and has
existence of exceptions has created
and to close existing gaps in the organic
inputs
threatened to undermine consumer
conditions for distortions in
market should be
established through this
confidence. Accordingly,
the scope
competition and has threatened to
Regulation so that exceptions can be phased
for allowing exceptions from
undermine consumer confidence.
out as soon as possible.
organic
production rules should be
Accordingly,
where exceptions
further restricted and limited to
have to be maintained, they
cases of catastrophic
should be applied in a
circumstances.
harmonised way to all operators
in all Member States and third
countries. the scope for allowing
exceptions from organic
production rules should be
further restricted and limited to
cases of catastrophic
circumstances.
41
Commission proposals
Council General Approach
COMAGRI Vote
Amendment 37
Recital 44
(44)
In order to allow organic
(44) In order to allow organic
(44)
The Commission should be empowered to
production to continue or
production to continue or
adopt
delegated acts in accordance with
recommence in cases of
recommence in cases of
Article 36 establishing the criteria
by which
catastrophic circumstances, the
catastrophic circumstances, the
situations may be categorised as requiring
power to adopt
certain acts should
power to adopt certain acts
exceptional production rules
and the ways of
be delegated to the Commission in
should be delegated to the
dealing with such situations, and laying down
respect of establishing the criteria
Commission in respect of
monitoring and reporting requirements
, taking
for qualifying cases of catastrophic
establishing the criteria for
into account expertise from the organic
circumstances and to lay down
qualifying cases of catastrophic
sector.
specific rules
for addressing such
circumstances and to lay down
cases and for the necessary
specific rules for addressing such
monitoring and reporting
cases and for the necessary
requirements.
monitoring and reporting
requirements.
Amendment 38
Recital 44 a (new)
(44a) The consumption of food produced and
marketed locally should be encouraged and
promoted, in order to ensure that greenhouse
gas emissions in the transport sector are as
low as possible. In addition, in order to reduce
waste generation, unpackaged products
should be promoted and excess packaging
must be avoided as far as possible.
Amendment 39
Recital 45
(45) Under certain conditions
(45) Under certain conditions
(45) Under certain conditions organic products
42
Commission proposals
Council General Approach
COMAGRI Vote
organic products and non-organic
organic products and non-organic
and non-organic products can be collected and
products can be collected and
products can be collected and
transported simultaneously. In order to duly
transported simultaneously. In order
transported simultaneously. In
separate organic from non-organic products
to duly separate organic from non-
order to
ensure duly due separate
during
such handling
for collection,
organic products during handling
separation of organic from non-
transportation and processing purposes, and
and to avoid any commingling,
organic products during handling
to avoid any commingling, specific provisions
specific provisions should be laid
and to avoid any commingling,
should be laid down.
down.
specific provisions should be laid
down.
Amendment 40
Recital 46
(46) In order to ensure the integrity
(46) In order to ensure the
(46) In order to ensure the integrity of organic
of organic production and adaptation integrity of organic production and
production and adaptation to technical
to technical developments, the
adaptation to technical
developments, the power to adopt certain acts
power to adopt certain acts should be developments, the power to adopt
should be delegated to the Commission in
delegated to the Commission in
certain acts should be delegated to
respect of establishing rules supplementing the
respect of establishing rules
the Commission in respect of
specific rules on collection, packaging,
amending or supplementing the
establishing rules amending or
transport and storage of organic products.
specific rules on collection,
supplementing the specific rules on
packaging, transport and storage of
collection, packaging, transport
organic products.
and storage of organic products.
Amendment 41
Recital 47
(47) The use in organic production
Commission proposal unchanged
(47) The use in organic production of products
of products and substances such as
and substances such as plant protection
plant protection products, fertilisers,
products, fertilisers, soil conditioners, nutrients,
soil conditioners, nutrients,
components of animal nutrition, feed or food
components of animal nutrition, feed
additives, processing aids
, products for use in
or food additives, processing aids
animal husbandry and products for cleaning
43
Commission proposals
Council General Approach
COMAGRI Vote
and products for cleaning and
and disinfection should be limited to the
disinfection should be limited to the
minimum and under the specific conditions laid
minimum and under the specific
down in this Regulation. The same approach
conditions laid down in this
should be followed regarding the use of
Regulation. The same approach
products and substances as food additives and
should be followed regarding the use
processing aids in the production of organic
of products and substances as food
processed food
, products and substances for
additives and processing aids in the
oenological practices and products for
production of organic processed
cleaning and disinfection. Therefore,
food. Therefore, provisions should
provisions should be laid down to define any
be laid down to define any possible
possible use of such products and substances in
use of such products and substances
organic production in general and in the
in organic production in general and
production of organic processed food in
in the production of organic
particular, subject to the principles laid down in
processed food in particular, subject
this Regulation and to certain criteria.
to the principles laid down in this
Regulation and to certain criteria.
Amendment 42
Recital 48
(48) In order to ensure quality,
Commission proposal unchanged
(48) In order to ensure quality, traceability and
traceability and compliance with this
compliance with this Regulation as regards
Regulation as regards organic
organic production in general and the
production in general and the
production of organic processed food in
production of organic processed
particular, and adaptation to technical
food in particular, and adaptation to
developments, the power to adopt certain acts
technical developments, the power
should be delegated to the Commission
in
to adopt certain acts should be
respect of authorising or withdrawing the
delegated to the Commission
to
authorisation of products and substances
that
provide for additional criteria for
may be used in organic production in general
the authorisation or withdrawal of
and
products and substances that may be used
the authorisation of products and
in the production of processed
organic food in
44
Commission proposals
Council General Approach
COMAGRI Vote
substances
for use in organic
particular, and other requirements for the use of
production in general and in the
such authorised products and substances.
production of
organic processed
food in particular, and other
requirements for the use of such
authorised products and substances.
Amendment 43
Recital 49
(49) In the absence of specific
(49) In the absence of specific
deleted
Union rules on the measures to take Union rules on the measures to
when non-authorised substances or
take when non-authorised
products are present in organic
substances or products are
products, different approaches have present in organic products,
been developed and implemented
different approaches have been
across the Union. This situation
developed and implemented
creates uncertainties for operators,
across the Union. This situation
control authorities and control
creates uncertainties for
bodies. It may also entail a different operators, control authorities and
treatment of operators in the Union
control bodies. It may also entail
and affect consumers' confidence
a different treatment of operators
in organic products. It is therefore
in the Union and affect
appropriate to lay down clear and
consumers' confidence in organic
uniform provisions to prohibit
products. It is therefore
marketing as organic those
appropriate to lay down clear
products in which any non-
and uniform provisions to
authorised products or substances
prohibit marketing as organic
are present beyond given levels.
those products in which any non-
Those levels should be established
authorised products or
taking account in particular of
substances are present beyond
45
Commission proposals
Council General Approach
COMAGRI Vote
Commission Directive
given levels. Those levels should
2006/125/EC25 on processed cereal-
be established taking account in
based foods and baby foods for
particular of Commission
infants and young children.
Directive 2006/125/EC26 on
processed cereal-based foods and
baby foods for infants and young
children.
Amendment 44
Recital 50
(50) In order to ensure the
(50) In order to ensure the
deleted
effectiveness, efficiency and
effectiveness, efficiency and
transparency of the organic
transparency of the organic
production and labelling system,
production and labelling system,
the power to adopt certain acts
the power to adopt certain acts
should be delegated to the
should be delegated to the
Commission in respect of specific
Commission in respect of specific
criteria and conditions for the
criteria and conditions for the
establishment and application of
establishment and application of
the levels of presence of non-
the levels of presence of non-
authorised products and substances authorised products and
beyond which products shall not be
substances beyond which
marketed as organic and with
products shall not be marketed as
respect to the establishment of those organic and with respect to the
levels and their adaptation in the
establishment of those levels and
light of technical developments.
their adaptation in the light of
25
Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L
339, 6.12.2006, p. 16).
26
Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children
(OJ L 339, 6.12.2006, p. 16).
46
Commission proposals
Council General Approach
COMAGRI Vote
technical developments.
Amendment 45
Recital 51
(51) Organic production is based on
(51) Organic production is based (51) Organic production is based on the general
the general principle of restriction of
on the general principle of
principle of restriction of the use of external
the use of external inputs. Farmers
restriction of the use of external
inputs. Farmers are required to take measures
are required to take measures to
inputs. Farmers are required to
to prevent the risk of contamination by non-
prevent the risk of contamination by
take measures to prevent the risk
authorised products or substances. Despite such
non-authorised products or
of contamination by non-
measures, there may be instances where
substances. Despite such measures,
authorised products or
farmers are prevented from marketing their
there may be instances where
substances. Despite such
agricultural products as organic due to the
farmers are prevented from
measures, there may be instances
unintentional presence of non-authorised
marketing their agricultural products
where farmers are prevented
products or substances.
as organic due to the unintentional
from marketing their agricultural
presence of non-authorised products
products as organic due to the
or substances.
It is therefore
unintentional presence of non-
appropriate to provide for the
authorised products or
possibility whereby Member States
substances. It is therefore
may, in accordance with Article 42
appropriate to provide for the
of the Treaty, be authorised by the
possibility whereby Member
Commission to grant national
States may, in accordance with
payments to compensate for the
Article 42 of the Treaty, be
losses incurred in such instances.
authorised by the Commission to
Member States may also use the
grant national payments to
instruments of the Common
compensate for the losses
Agricultural Policy to cover totally
incurred in such instances.
or partially such losses.
Member States may also use the
instruments of the Common
Agricultural Policy to cover
totally or partially such losses.
47
Commission proposals
Council General Approach
COMAGRI Vote
Amendment 46
Recital 52
(52) The labelling of agricultural
(52) The labelling of agricultural
(52) The labelling of agricultural products and
products and foodstuffs should be
products and foodstuffs should be
foodstuffs should be subject to the general rules
subject to the general rules laid
subject to the general rules laid
laid down in Regulation (EU) No 1169/2011 of
down in Regulation (EU) No
down in Regulation (EU) No
the European Parliament and of the Council32
1169/2011 of the European
1169/2011 of the European
and
, in particular,
strict compliance with the
Parliament and of the Council
27, and
Parliament and of the Council
28,
common labelling standards and the
in particular the provisions aimed at
and in particular the provisions
provisions aimed at preventing labelling that
preventing labelling that may
aimed at preventing labelling that
may confuse or mislead consumers. In addition,
confuse or mislead consumers. In
may confuse or mislead consumers. specific provisions relating to the labelling of
addition, specific provisions relating
In addition, specific provisions
organic products should be laid down in this
to the labelling of organic products
relating to the labelling of organic
Regulation. They should protect both the
should be laid down in this
products
and in-conversion
interests of operators in having their products
Regulation. They should protect
products of plant origin should be correctly identified on the market and enjoying
both the interests of operators in
laid down in this Regulation. They
conditions of fair competition, and those of
having their products correctly
should protect both the interests of
consumers in enabling them to make informed
identified on the market and
operators in having their products
choices.
enjoying conditions of fair
correctly identified on the market
competition, and those of consumers and enjoying conditions of fair
27
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to
consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing
Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European
Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304,
22.11.2011, p. 18).
–
28
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to
consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing
Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European
Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304,
22.11.2011, p. 18).
48
Commission proposals
Council General Approach
COMAGRI Vote
in enabling them to make informed
competition, and those of
choices.
consumers in enabling them to
make informed choices.
(53) Accordingly, the terms used to Commission proposal unchanged
Commission proposal unchanged
indicate organic products should be
protected from being used in the
labelling of non-organic products
throughout the Union and
independently of the language used.
The protection should also apply to
the usual derivatives or diminutives
of those terms, whether they are
used alone or combined.
(53a) Processed food should be
labelled as organic only where all
or almost all the ingredients of
agricultural origin are organic.
To encourage the use of organic
ingredients, it should also be
made possible to refer to organic
production in the ingredients list
of non-organic processed food
under certain conditions in
particular that the food in
question complies with certain
production rules of this
Regulation. Special labelling
provisions should also be laid
down to give the possibilty to
operators to identify organic
ingredients used in the labelling
49
Commission proposals
Council General Approach
COMAGRI Vote
of products of hunting and
fishing.
(53b) Processed feed should be
labelled as organic only where all
or almost all the ingredients of
agricultural origin are organic.
(54) In order to create clarity for
Commission proposal unchanged
Commission proposal unchanged
consumers throughout the Union
market, the use of the organic
production logo of the European
Union should be made obligatory for
all organic pre-packed food
produced within the Union. It should
otherwise be possible to use that
logo on a voluntary basis in the case
of non pre-packed organic products
produced within the Union or any
organic products imported from third
countries. The model of the organic
production logo of the European
Union should be set out in this
Regulation.
(55) However, in order not to
Commission proposal unchanged
Commission proposal unchanged
mislead consumers as to the organic
nature of the entire product, it is
considered appropriate to limit the
use of that logo to products which
contain only, or almost only, organic
ingredients. It should therefore not
be allowed to use it in the labelling
50
Commission proposals
Council General Approach
COMAGRI Vote
of in-conversion products or
processed products of which less
than 95 % of their ingredients of
agricultural origin are organic.
(56) For the sake of avoiding any
Commission proposal unchanged
Commission proposal unchanged
possible confusion amongst
consumers about the Union or non-
Union origin of a product, whenever
the organic production logo of the
European Union is used, consumers
should be informed about the place
where the agricultural raw materials
of which the product is composed
have been farmed. In this context, it
should be allowed to refer to
aquaculture in the label of products
from organic aquaculture instead of
referring to agriculture.
Amendment 47
Recital 57
(57) In order to provide clarity for
(57) In order to provide clarity for
(57) In order to provide clarity for consumers
consumers and to ensure that the
consumers and to ensure that the
and to ensure that the appropriate information
appropriate information is
appropriate information is
is communicated to them, the power to adopt
communicated to them, the power to communicated to them, the power
certain acts should be delegated to the
adopt certain acts should be
to adopt certain acts should be
Commission in respect of adapting the list of
delegated to the Commission in
delegated to the Commission in
terms referring to organic production set out in
respect of adapting the list of terms
respect of adapting the list of terms
this Regulation, laying down further rules on
referring to organic production set
referring to organic production set
labelling and the use of the indications, other
out in this Regulation,
establishing
out in this Regulation
, establishing
than the organic production logo of the
the specific labelling and
the specific labelling and
European Union, set out in this Regulation, and
51
Commission proposals
Council General Approach
COMAGRI Vote
composition requirements
composition requirements
amending the organic production logo of the
applicable to feed and ingredients
applicable to feed and ingredients European Union and the rules relating thereto.
thereof, laying down further rules on
thereof, laying down further
labelling and the use of the
rules on labelling and the use of
indications, other than the organic
the indications, other than the
production logo of the European
organic production logo of the
Union, set out in this Regulation,
European Union, set out in this
and amending the organic
Regulation, and amending the
production logo of the European
organic production logo of the
Union and the rules relating thereto.
European Union and the rules
relating thereto.
Amendment 48
Recital 58
(58) Organic production is only
(58) Organic production is only
(58) Organic production is only credible if
credible if accompanied by effective
credible if accompanied by
accompanied by effective verification and
verification and controls at all stages effective verification and controls
controls at all stages of production, processing
of production, processing and
at all stages of production,
and distribution. Organic production should be
distribution. Organic production
processing and distribution.
subject to official controls or other official
should be subject to official controls
Organic production should be
activities carried out in accordance with
this
or other official activities carried out subject to official controls or other
Regulation to verify compliance with the rules
in accordance with
Regulation (EU) official activities carried out in
on organic production and labelling of organic
No (XXX/XXXX) of the European
accordance with Regulation (EU)
products.
Therefore, specific rules for organic
Parliament and of the Council29 to
No (XXX/XXXX) of the European
production, concerning the control of the
29
Regulation (EU) No XX/XXX of the European Parliament and of the Council of […] on official controls and other official activities performed
to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection
products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009,
1107/2009, Regulations (EU) No 1151/2012, [….]/2013 [Office of Publications, please insert number of Regulation laying down provisions for
the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive
material], and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official controls Regulation) (OJ
L …).
52
Commission proposals
Council General Approach
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verify compliance with the rules on
Parliament and of the Council
30 to
production process throughout the organic
organic production and labelling of
verify compliance with the rules on
production chain, should fall within the scope
organic products.
organic production and labelling of
of this Regulation.
organic products.
In addition to
the rules of Regulation (EU) No
XXX/XXX (Official controls
Regulation), specific rules for
official controls and other official
activities in relation to organic
production and labelling of
organic products should be laid
down in this Regulation.
(59) Specific requirements should
(59) Specific requirements should
Commission proposal unchanged
be laid down to ensure compliance
be laid down to ensure compliance
with the rules that are peculiar to
with the rules that are
peculiar
organic production. In particular,
specific to organic production. In
provisions should be made for
particular, provisions should be
notification of the activities of the
made for
notification of the
operators and for a certification
activities of the operators and for
system to identify the operators that
a certification system
that allows
comply with the rules governing
the competent authorites to
organic production and labelling of
identify the operators
or groups of
organic products. Those provisions
operators whose that activities
should also apply to any
relate to organic production so
30
Regulation (EU) No XX/XXX of the European Parliament and of the Council of […] on official controls and other official activities performed
to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection
products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009,
1107/2009, Regulations (EU) No 1151/2012, [….]/2013 [Office of Publications, please insert number of Regulation laying down provisions for
the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive
material], and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official controls Regulation) (OJ
L …).
53
Commission proposals
Council General Approach
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subcontractors of the operators
that these authorities or, as
concerned. The transparency of the
appropriate, the control
certification system should be
authorities or control bodies
ensured by requiring Member States
verify their compliance comply
to make public the list of operators
with the rules governing organic
that have notified their activities and
production and labelling of organic
any fees that may be collected in
products
. In order to avoid
relation to the controls for verifying
disproportionate burden and
compliance with the organic
costs, these notification and
production rules.
certification requirements should
not apply to the retail operators
who sell products directly to the
final consumers or users and do
not produce, prepare or store
organic products other than at
the point of sale, do not import
organic products and have not
contracted out those activities to
third parties. Those provisions
should also apply to any Ssubcontractors of the operators
should comply with the
notification and certification
requirements, concerned unless
the subcontracted activities are
covered by the organic
certification of the operators
concerned. The transparency of the
certification system should be
ensured by requiring Member
States to make public the list of
operators that have notified their
54
Commission proposals
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activities and any fees that may be
collected in relation to the controls
for verifying compliance with the
organic production rules.
(59a) The certification system
should encompass the delivery of
an organic certificate that, being
an official certification within the
meaning of Regulation (EU) No
(XXX/XXXX) of the European
Parliament and of the Council
(Offcial controls Regulation),
certifies the compliance of the
notified activity with this
Regulation, and should allow the
identification of the operator or
group of operators, the categories
of products that are certified, as
well as of the length of its
validity.
Amendment 49
Recital 60
(60) Small farmers in the Union
(60) Small-
scale farmers
and
(60) Small farmers in the Union face,
face, individually, relatively high
operators producing algae or
individually, relatively high inspection costs
inspection costs and administrative
aquaculture animals in the Union
and administrative burden linked to organic
burden linked to organic
face, individually, relatively high
certification. A system of group certification
certification. A system of group
inspection costs and administrative
should be allowed with a view to reducing the
certification should be allowed with
burden linked to organic
inspection and certification costs and the
a view to reducing the inspection
certification. A system of group
associated administrative burden, strengthening
and certification costs and the
certification should be allowed with local networks, contributing to better market
55
Commission proposals
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associated administrative burden,
a view to reducing the inspection
outlets and ensuring a level playing field with
strengthening local networks,
and certification costs and the
operators in third countries. For that reason, the
contributing to better market outlets
associated administrative burden,
concept of ‘group of operators' should be
and ensuring a level playing field
strengthening local networks,
introduced and defined
.That concept should
with operators in third countries. For contributing to better market outlets
also include cross-border groups.
that reason, the concept of ‘group of
and ensuring a level playing field
Furthermore, Member States should make
operators’ should be introduced and
with operators in third countries.
dedicated use of cooperation measures
defined.
For that reason, the concept of
between farmers, especially small farmers
‘group of operators’ should be
eligible under Regulation (EU) No 1305/2013.
introduced and defined.
Amendment 50
Recital 61
(61) In order to ensure the
(61) In order to ensure the
deleted
effectiveness, efficiency and
effectiveness, efficiency and
transparency of the organic
transparency of the organic
production and labelling system,
production and labelling system,
the power to adopt certain acts
the power to adopt certain acts
should be delegated to the
should be delegated to the
Commission in respect of the
Commission in respect of the
requirements for keeping of records requirements for keeping of
by operators or groups of operators, records by operators or groups of
the requirements for publication of
operators, the requirements for
the list of operators, the
publication of the list of
requirements and procedures to be
operators, the requirements and
applied for publication of the fees
procedures to be applied for
that may be collected in relation to
publication of the fees that may
the controls for verifying
be collected in relation to the
compliance with the organic
controls for verifying compliance
production rules and for
with the organic production rules
supervision by the competent
and for supervision by the
authorities of the application of
competent authorities of the
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Commission proposals
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those fees, as well as the criteria for application of those fees, as well
defining the groups of products in
as the criteria for defining the
respect of which operators should
groups of products in respect of
be entitled to have only one organic which operators should be
certificate issued by the control
entitled to have only one organic
authority or control body
certificate issued by the control
concerned.
authority or control body
concerned.
Amendment 51
Recital 62
(62) In order to ensure that the
(62) In order to ensure that the
deleted
certification of a group of operators certification of a group of
is done effectively and efficiently,
operators is done effectively and
the power to adopt certain acts
efficiently, the power to adopt
should be delegated to the
certain acts should be delegated
Commission in respect of the
to the Commission in respect of
responsibilities of the individual
the responsibilities of the
members of a group of operators,
individual members of a group of
the composition and size of that
operators, the composition and
group, the categories of products to
size of that group, the categories
be produced by a group of
of products to be produced by a
operators, the conditions for
group of operators, the conditions
participation in the group, and the
for participation in the group,
set up and functioning of the
and the set up and functioning of
group's system for internal
the group's system for internal
controls, including the scope,
controls, including the scope,
content and frequency of the
content and frequency of the
controls to be carried out.
controls to be carried out.
Amendment 52
Recital 62 a (new)
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Commission proposals
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(62a) In order to maximise opportunities for
small farmers and encourage individual
farmers to form groups of operators, the rules
concerning groups of operators should reflect
the needs and resource capacity of all small
farmers.
(62a) Specific, additional
provisions to define the aspects
that should be included as part of
verification of compliance should
be laid down in this Regulation,
as regards the essential elements
for the risk-based approach
underpinning the performance of
official controls, the minimum
frequency of verification of
compliance for all organic
operators or groups of operators,
the specific conditions for the
delegation of official control
tasks, including in respect of the
approval, supervision, and
suspension or withdrawal of the
delegated bodies, and measures in
case of non compliance.
(62b) As regards the measures to
take when non-authorised
substances or products are
present in organic products,
different approaches have been
developed and implemented
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Commission proposals
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across the Union. This situation
creates uncertainties for
operators, control authorities and
control bodies. It may also entail
a different treatment of operators
in the Union and affect
consumers' confidence in organic
products. It is therefore
appropriate to lay down clear
and uniform provisions requiring
competent authorities or, where
appropriate, control authorities
or control bodies to carry out an
investigation in order to
determine the source and the
cause of the presence of such
substances or products in organic
products and to conclude on
whether such products can be
placed on the market as organic.
It is also appropriate that, based
on information transmitted by
Member States on the cases
where non authorised products
or substances have been detected,
the Commission presents a report
to the European Parliament and
the Council by 2021. In order to
ensure uniform conditions for the
implementation of this
Regulation, implementing powers
should be conferred on the
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Commission proposals
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Commission as regards the
methodology to be used in order
to detect and evaluate the
presence of products or
substances that have not been
authorised and the related
procedures.
(63) The experience with the
Commission proposal unchanged
Commission proposal unchanged
arrangements for import of organic
products into the Union under
Regulation (EC) No 834/2007 has
shown that there is a need to revise
those arrangements in order to
respond to consumer expectations
that imported organic products meet
rules as high as those of the Union,
as well as to better ensure the access
of Union organic products to the
international market. In addition, it
is necessary to provide for clarity
regarding the rules applicable to
export of organic products, in
particular by establishing a
certificate of export and laying down
provisions for export to third
countries recognised for the purpose
of equivalence under Regulation
(EC) No 834/2007.
(63a) The arrangements for
import of organic products into
the Union should be conducted
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Commission proposals
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within the framework of the
principles and objectives of the
Union's external action, and in
particular with the goal of full
coherence with the development
cooperation as set out in Article
21(2)(d) and (e) of the Treaty on
European Union.
(64) The provisions governing the
Commission proposal unchanged
Commission proposal unchanged
import of products that comply with
the Union production and labelling
rules and in respect of which
operators have been subject to the
control of control authorities and
control bodies recognised by the
Commission as competent to carry
out controls and certification in the
field of organic production in third
countries, should be further
reinforced. In particular,
requirements concerning the
accreditation bodies which accredit
control bodies for the purposes of
import of compliant organic
products into the Union should be
laid down, aiming at ensuring a level
playing field for the supervision of
the control bodies by the
Commission. Furthermore, it is
necessary to provide for the
possibility for the Commission to
contact directly the accreditation
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Commission proposals
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bodies and competent authorities in
third countries to render the
supervision of control authorities
and control bodies respectively more
efficient.
(65) The possibility for organic
Commission proposal unchanged
Commission proposal unchanged
products to get access to the Union
market where such products do not
comply with the Union rules on
organic production but come from
third countries whose organic
production and control systems have
been recognised as equivalent to
those of the Union should be
preserved. However, the recognition
of equivalence of third countries, as
laid down in Regulation (EC)
No 834/2007, should only be granted
through an international agreement
between the Union and those third
countries, where a reciprocal
recognition of equivalence would be
also pursued for the Union.
(66) Third countries recognised for
Commission proposal unchanged
Commission proposal unchanged
the purpose of equivalence under
Regulation (EC) No 834/2007
should continue to be recognised as
such under this Regulation, for a
limited period of time necessary to
ensure a smooth transition to the
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Commission proposals
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scheme of recognition through an
international agreement, provided
that they continue to ensure the
equivalence of their organic
production and control rules to the
relevant Union rules in force and
that they fulfil all requirements
relating to the supervision of their
recognition by the Commission.
That supervision should be based in
particular on the annual reports the
third countries send to the
Commission.
Amendment 53
Recital 67
(67)
The experience with the
Commission proposal unchanged
(67) Experience with the scheme of control
scheme of control authorities and
authorities and control bodies recognised as
control bodies recognised as
competent to carry out controls and issue
competent to carry out controls and
certificates in third countries for the purpose of
issue certificates in third countries
import of products providing equivalent
for the purpose of import of products
guarantees shows that the rules applied by
providing equivalent guarantees
those authorities and bodies are different and
shows that the rules applied by those
could be difficult to be considered as
authorities and bodies are different
equivalent to the respective Union rules.
and could be difficult to be
Furthermore, multiplication of control
considered as equivalent to the
authorities and control bodies standards
respective Union rules. Furthermore,
hampers adequate supervision by the
multiplication of control authorities
Commission. Therefore
, that scheme of
and control bodies standards
recognition of equivalence should be
modified
hampers adequate supervision by the
so as to introduce a new system of adapted
Commission. Therefore that scheme
compliance where appropriate. However,
63
Commission proposals
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of recognition of equivalence should
sufficient time should be given to those control
be
abolished. However, sufficient
authorities and control bodies so that they can
time should be given to those control
prepare themselves for obtaining recognition
authorities and control bodies so that
for the purposes of import of products
they can prepare themselves for
complying with Union rules.
obtaining recognition for the
purposes of import of products
complying with Union rules.
(68) The placing on the market as
Commission proposal unchanged
Commission proposal unchanged
organic of any organic product
imported into the Union, under any
of the import arrangements provided
for in this Regulation, should be
subject to the availability of the
information necessary to ensure the
traceability of the product on the
food chain.
Amendment 54
Recital 69
(69) In order to ensure
fair
(69) In order to ensure fair
(69) In order to ensure the traceability of the
competition among operators, the
competition among operators, the
imported products intended to be placed on the
traceability of the imported products
traceability of the imported
market within the Union as organic or the
intended to be placed on the market
products intended to be placed on
transparency of the recognition and supervision
within the Union as organic or the
the market within the Union as
procedure for control authorities and control
transparency of the recognition and
organic
,or the transparency of the
bodies within the context of import of
supervision procedure for control
recognition and supervision
compliant organic products, and in order to
authorities and control bodies within procedure for control authorities
ensure the management of the list of third
the context of import of compliant
and control bodies within the
countries recognised for the purpose of
organic products, and in order to
context of import of compliant
equivalence under Regulation (EC) No
ensure the management of the list of
organic products,
the effectiveness, 834/2007, the power to adopt certain acts
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Commission proposals
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third countries recognised for the
efficiency and transparency of
should be delegated to the Commission in
purpose of equivalence under
controls of imported products and respect of the documents necessary for the
Regulation (EC) No 834/2007, the
in order to ensure the
purposes of import, also in electronic form
power to adopt certain acts should be management of the list of third
wherever possible
, in respect of fulfilment of
delegated to the Commission in
countries recognised for the
the criteria for recognition or withdrawal of the
respect of the documents
intended
purpose of equivalence under
recognition of control authorities and control
for customs authorities in third
Regulation (EC) No 834/2007, the
bodies in the context of import of compliant
countries, in particular an organic
power to adopt certain acts should
organic products, in respect of the information
export certificate, in electronic form be delegated to the Commission in
to be sent by third countries recognised under
wherever possible, the documents
respect of
the documents intended that Regulation
which is necessary for the
necessary for the purposes of import,
for customs authorities in third
supervision of their recognition
, in respect of
also in electronic form wherever
countries, in particular an
laying-down the provisions for the exercise of
possible, the criteria for recognition
organic export certificate, in
that supervision by the Commission, including
or withdrawal of the recognition of
electronic form wherever
on-the-spot examination
, in respect of the
control authorities and control
possible, the documents necessary procedure to be followed for the recognition
bodies in the context of import of
for the purposes of import, also
of the control authorities and control bodies,
compliant organic products,
and in
in electronic form wherever
including the content of the technical dossier
respect of the information to be sent
possible, the
additional criteria for
to be submitted, as well as a withdrawal of
by third countries recognised under
recognition or withdrawal of the
recognition, and in respect of the controls and
that Regulation necessary for the
recognition of control authorities
other actions to be performed by control
supervision of their recognition
and
and control bodies in the context of
authorities and control bodies recognised by
the exercise of that supervision by
import of compliant organic
the Commission. Where serious or repeated
the Commission, including on-the-
products,
in respect of the exercise infringements of the rules governing
spot examination.
of the supervision on those
inspection and certification are detected,
control authorities and control
recognition of the control bodies concerned
bodies by the Commission,
should be immediately withdrawn, in the third
including through on-the-spot
countries concerned as well as throughout the
examination, in respect of the
Union market for national accreditation
controls and other actions to be
bodies established in the Union.
performed by control authorities
and control bodies recognised for
the import of compliant organic
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Commission proposals
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products, and in respect of the
information to be sent by third
countries recognised under that
Regulation necessary for the
supervision of their recognition and
the exercise of that supervision by
the Commission, including on-the-
spot examination.
Amendment 55
Recital 69 a (new)
(69a) The power to adopt certain acts should
be delegated to the Commission in respect of
the application of measures relating to non-
compliance, or suspected non-compliance,
with the applicable rules, affecting the
integrity of organic products imported from
third countries recognised under Article 33(2)
of Regulation (EC) No 834/2007 and as
regards the system to be used to transmit the
information necessary for the implementation
and monitoring of this Regulation. All
information about suspected non-compliance,
withdrawal of recognition or suspension of
authorisation should be immediately
communicated to all competent authorities
and control bodies in order to avoid the
placing on the market of non-authorised
products.
Amendment 56
Recital 70
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Commission proposals
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(70) Provision should be made to
(70) Provision should be made to
(70) Provision should be made to ensure that
ensure that the movement of organic
ensure that the movement of
the movement of organic products that have
products that have been subject to a
organic products that have been
been subject to a control in one Member State
control in one Member State and
subject to a control in one Member
and which comply with this Regulation cannot
which comply with this Regulation
State and which comply with this
be restricted in another Member State.
cannot be restricted in another
Regulation cannot be restricted in
Member State.
In order to ensure
another Member State.
In order to
the proper functioning of the single ensure the proper functioning of
market and trade between Member
the single market and trade
States, the power to adopt certain
between Member States, the
acts should be delegated to the
power to adopt certain acts
Commission to lay down rules
should be delegated to the
relating to the free movement of
Commission to lay down rules
organic products.
relating to the free movement of
organic products.
Amendment 57
Recital 71
(71) For the purpose of obtainaing
(71) For the purpose of obtainaing
(71) For the purpose of obtaining reliable
reliable information needed for the
reliable information needed for the
information needed for the implementation of
implementation of this Regulation,
implementation of this Regulation,
this Regulation, Member States should provide
Member States should provide the
Member States should provide the
the Commission annually with the necessary
Commission annually with the
Commission annually with the
up-to-date statistical information. For reasons
necessary information. For reasons
necessary information
, including
of clarity and transparency, Member States
of clarity and transparency, Member
the relevant statistical data which should keep updated lists of competent
States should keep updated lists of
shall be defined within the
authorities, control authorities and control
competent authorities, control
context of the European
bodies. The lists of control authorities and
authorities and control bodies. The
Statistical Programme. For
control bodies should be made public by the
lists of control authorities and
reasons of clarity and transparency,
Member States and annually published by the
control bodies should be made
Member States should keep
Commission.
public by the Member States and
updated lists of competent
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Commission proposals
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annually published by the
authorities, control authorities and
Commission.
control bodies. The lists of control
authorities and control bodies
, and
any change thereof, should be
made public transmitted by the
Member States
to the
Commission, that shall regularly
and annually publish
ed by the
Commission them.
Amendment 58
Recital 72
(72) It is necessary to lay down
(72) It is necessary to lay down
(72) It is necessary to lay down measures to
measures to ensure a smooth
measures to ensure a smooth
ensure a smooth transition to some
transition to some modifications of
transition to some modifications
modifications of the legal framework
the legal framework governing the
of the legal framework governing
governing the import of organic products into
import of organic products into the
the import of organic products
the Union, as introduced by this Regulation. In
Union, as introduced by this
into the Union, as introduced by
particular, in order to ensure a smooth
Regulation. In particular, in order to
this Regulation. In particular, in
transition from the old to the new legal
ensure a smooth transition from the
order to ensure a smooth
framework, the power to adopt certain acts
old to the new legal framework, the
transition from the old to the new should be delegated to the Commission in
power to adopt certain acts should be
legal framework, the power to
respect of the rules relating to conversion
delegated to the Commission in
adopt certain acts should be
periods starting under Regulation (EC) No
respect of the rules relating to
delegated to the Commission in
834/2007.
conversion periods starting under
respect of the rules relating to
Regulation (EC) No 834/2007
, by
conversion periods starting under
way of derogation from the general
Regulation (EC) No 834/2007, by
rule that no previous periods may
way of derogation from the
be recognised retroactively as being general rule that no previous
part of the conversion period.
periods may be recognised
retroactively as being part of the
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Commission proposals
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conversion period.
(73) Furthermore, a date for the
Commission proposal unchanged
Commission proposal unchanged
expiration of the recognition of
control authorities and control
bodies for the purpose of
equivalence should be set and
provisions to address the situation
until the expiration of their
recognition should be laid down.
Provisions should also be laid down
regarding applications from third
countries for the purpose of
equivalence which have been
submitted under Regulation (EC) No
834/2007 and which are pending at
the time of entry into force of this
Regulation.
(74) In order to ensure the
Commission proposal unchanged
Commission proposal unchanged
management of the list of control
authorities and control bodies
recognised for the purpose of
equivalence under Regulation (EC)
No 834/2007 and to facilitate the
completion of the examination of
applications from third countries for
recognition for the purpose of
equivalence that are pending at the
date of entry into force of this
Regulation, the power to adopt
certain acts should be delegated to
the Commission in respect of the
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Commission proposals
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information to be sent by those
control authorities and control
bodies that is necessary for the
supervision of their recognition and
in respect of the exercise of that
supervision by the Commission, as
well as in respect of any procedural
rules necessary for the examination
of the pending applications from
third countries.
Amendment 59
Recital 75
(75) In order to ensure uniform
(75) In order to ensure uniform
(75) In order to ensure uniform conditions for
conditions for the implementation of conditions for the implementation
the implementation of this Regulation,
this Regulation, implementing
of this Regulation, implementing
implementing powers should be conferred on
powers should be conferred on the
powers should be conferred on the
the Commission as regards the technical details
Commission as regards the technical Commission as regards
the
for the establishment of the
single database for
details for the establishment of the
following: the separation of the
the listing of the varieties
, in particular
database for the listing of the
organic and non-organic units of
traditional and rare varieties, for which plant
varieties for which plant
a holding; the documents to be
reproductive material obtained by the organic
reproductive material obtained by
supplied in view of the retroactive production method is available, as regards the
the organic production method is
recognition of a previous period
authorisation or the withdrawal of the
available, as regards the
as part of conversion; the
authorisation of the products and substances
authorisation or the withdrawal of
requirements for specific plants,
that may be used in organic production in
the authorisation of the products and
plant products or plant
general and in the production of processed
substances that may be used in
production systems, the technical
organic food in particular, including the
organic production in general and in
details for the establishment of the
procedures to be followed for the authorisation
the production of processed organic
database for the listing of the
and the lists of those products and substances
food in particular, including the
varieties
and populations for
and, where appropriate, their description,
procedures to be followed for the
which plant reproductive material
,
compositional requirement and conditions for
authorisation and the lists of those
excluding seedlings, obtained by
use, as regards the specific and practical
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products and substances and, where
the organic production method is
modalities regarding the presentation,
appropriate, their description,
available,
and the conditions for
composition and size of the indications
compositional requirement and
the use of non-organic plant
referring to the code numbers of control
conditions for use, as regards the
reproductive material; specific
authorities and control bodies and of the
specific and practical modalities
rules for bovine, ovine, caprine,
indication of the place where the agricultural
regarding the presentation,
equine, porcine animals, poultry,
raw materials have been farmed, the
composition and size of the
bees, and other livestock species;
assignment of code numbers to control
indications referring to the code
the use of non-organic animals
authorities and control bodies and the
numbers of control authorities and
for breeding purposes; specific
indication of the place where the agricultural
control bodies and of the indication
rules for algae cultivation and
raw materials have been farmed, as regards the
of the place where the agricultural
sustainable harvesting of wild
details and specifications regarding the content,
raw materials have been farmed, the
algae; specific rules for different
form and way of notification of the
assignment of code numbers to
species of aquaculture animals;
notifications by operators and groups of
control authorities and control
the use of non-organic
operators of their activity to the competent
bodies and the indication of the
aquaculture juveniles; specific
authorities and the form of publication of the
place where the agricultural raw
rules concerning the production
fees that may be collected for the controls, as
materials have been farmed, as
methods and the techniques
regards the exchange of information between
regards the details and specifications
authorised in the processing of
groups of operators and competent authorities,
regarding the content, form and way
specific food or feed products; the control authorities and control bodies and
of notification of the notifications by
identification of oenological
between Member States and the Commission,
operators and groups of operators of
practices, processes and
as regards the recognition or withdrawal of the
their activity to the competent
treatments prohibited and
recognition of control authorities and control
authorities and the form of
restricted in the production of
bodies which are competent to carry out
publication of the fees that may be
organic wine; specific rules on
controls in third countries and the
collected for the controls, as regards
how to deal with catastrophic
establishment of the list of those control
the exchange of information between
circumstances, possible
authorities and control bodies and rules to
groups of operators and competent
exceptions to be applied in such
ensure the application of measures in relation
authorities, control authorities and
cases for a limited period of time
to cases of non-compliance, or suspicion
control bodies and between Member
and monitoring and reporting
thereof, affecting the integrity of imported
States and the Commission, as
requirements; the authorisation or
organic products, as regards the establishment
regards the recognition or
the withdrawal of the authorisation
of a list of third countries recognised under
withdrawal of the recognition of
of the products and substances that
Article 33(2) of Regulation (EC) No 834/2007
71
Commission proposals
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COMAGRI Vote
control authorities and control
may be used in organic production
and the amendment of that list as well as rules
bodies which are competent to carry
in general and in the production of
to ensure the application of measures in
out controls in third countries and
processed organic food in
relation to cases of non-compliance, or
the establishment of the list of those
particular, including the procedures
suspicion thereof, affecting the integrity of
control authorities and control
to be followed for the authorisation
organic products imported from those
bodies and rules to ensure the
and the lists of those products and
countries, as regards the system to be used to
application of measures in relation to substances and, where appropriate,
transmit the information necessary for the
cases of non-compliance, or
their description, compositional
implementation and monitoring of this
suspicion thereof, affecting the
requirement and conditions for use
; Regulation, and as regards the establishment of
integrity of imported organic
specific labelling rules for in-
the list of control authorities and control bodies
products, as regards the
conversion products of plant
recognised under Article 33(3) of Regulation
establishment of a list of third
origin; the specific and practical
(EC) No 834/2007 and the amendment of that
countries recognised under Article
modalities regarding the
use,
list. Those powers should be exercised in
33(2) of Regulation (EC) No
presentation, composition and size
accordance with Regulation (EU) No 182/2011
834/2007 and the amendment of that of the indications referring to the
of the European Parliament and of the
list as well as rules to ensure the
code numbers of control authorities
Council34.
application of measures in relation to and control bodies and of the
cases of non-compliance, or
indication of the place where the
suspicion thereof, affecting the
agricultural raw materials have
integrity of organic products
been farmed
, and the assignment of
imported from those countries, as
code numbers to control authorities
regards the system to be used to
and control bodies
and the
transmit the information necessary
indication of the place where the
for the implementation and
agricultural raw materials have
monitoring of this Regulation, and as
been farmed; the requirements
regards the establishment of the list
for the content, form and way of
of control authorities and control
the notification to be made by
bodies recognised under Article
operators or groups of operators,
33(3) of Regulation (EC) No
the keeping of records by
834/2007 and the amendment of that
operators or groups of operators,
list. Those powers should be
the publication by Member States
exercised in accordance with
of the list of operators or groups
72
Commission proposals
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Regulation (EU) No 182/2011 of the
of operators, the requirements on
European Parliament and of the
the form and procedures to be
Council
31.
applied for the publication of the
fees that may be collected in
relation to the controls for
verifying compliance with the
organic production rules and for
the supervision by the competent
authorities of the application of
those fees; the content and the
form of the organic certificate;
the composition and dimension of
the group of operators, the
criteria for the geographical
proximity of its members, the
conditions for participation in the
group including in respect of the
product categories produced by
its members, the set up and
functioning of the group's system
for internal controls, including
the scope, content and frequency
of the controls to be carried out,
the responsibilities and
obligations of the members of the
group, and the exchange of
information between the group
and the competent authorities,
control authorities and control
31
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by the Member States of Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
73
Commission proposals
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bodies as well as between the
Member States and the
Commission; the specific tasks of
the competent authorities, the
timing, methods and techniques
for the controls to be performed,
the modalities for sampling as
regards in particular the range of
samples to be taken and the stage
of production, processing and
distribution where samples shall
be taken, the modalities for
establishing the likelihood of non-
compliance and the frequency of
sampling, the reporting
obligations for the competent
authorities, the control
authorities and the control
bodies, the specific obligations,
arrangements and undertakings
by operators, the cases where
competent authorities are to take
which actions and measures in
case of non compliance, the
exchange of information between
competent authorites, control
authorities and control bodies
concerning cases of non-
compliance so as to be adapted to
the specific needs of the organic
production sector; the documents
intended for customs authorities
74
Commission proposals
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in third countries, in particular
an organic export certificate, in
electronic form wherever
possible; the content of the
certificates confirming that all
operators or groups of operators
are in compliance with this
Regulation and of the certificates
of inspection and the procedure
to be followed for their issuance
and verification, as regards the
details and specifications
regarding the content, form and
way of notification of the
notifications by operators and
groups of operators of their
activity to the competent
authorities and the form of
publication of the fees that may
be collected for the controls, as
regards the exchange of
information between groups of
operators and competent
authorities, control authorities
and control bodies and between
Member States and the
Commission; the recognition or
withdrawal of the recognition of
control authorities and control
bodies which are competent to
carry out controls in third countries
and the establishment of the list of
75
Commission proposals
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those control authorities and control
bodies
; the procedures for the
recognition or withdrawal of
those control authorities and
control bodies, including the
content of the technical dossier to
be submitted, and rules to ensure
the application of measures in
relation to cases of non-compliance,
or suspicion thereof, affecting the
integrity of imported organic
products
; the establishment of a list
of third countries recognised under
Article 33(2) of Regulation (EC)
No 834/2007 and the amendment of
that list as well as rules to ensure
the application of measures in
relation to cases of non-compliance,
or suspicion thereof, affecting the
integrity of organic products
imported from those countries
; the
system to be used to transmit the
information necessary for the
implementation and monitoring of
this Regulation, and as regards the
establishment of the list of control
authorities and control bodies
recognised under Article 33(3) of
Regulation (EC) No 834/2007 and
the amendment of that list. Those
powers should be exercised in
accordance with Regulation (EU)
76
Commission proposals
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No 182/2011 of the
European Parliament and of the
Council
32.
(76) The Commission should be
(76) The Commission should be
Commission proposal unchanged
empowered to adopt immediately
empowered to adopt immediately
applicable implementing acts where,
applicable implementing acts
in duly justified cases relating to the
where, in duly justified cases
protection against unfair practices or
relating to the protection against
practices which are incompatible
unfair practices or practices which
with the principles and rules on
are incompatible with the principles
organic production, the protection of and rules on organic production, the
consumers' confidence or the
protection of consumers'
protection of fair competition
confidence or the protection of fair
between operators, imperative
competition between operators,
grounds of urgency so require to
imperative grounds of urgency so
ensure the application of measures in require to ensure the application of
relation to cases of non-compliance,
measures in relation to cases of
or the suspicion thereof, affecting
non-compliance, or the suspicion
the integrity of imported organic
thereof, affecting the integrity of
products under the control of
imported organic products
or to
recognised control authorities or
decide on the withdrawal of the
control bodies.
recognition under of the control
of
recognised control authorities
and or control bodies.
Amendment 60
Recital 77
(77) In order to ensure a smooth
(77) In order to ensure a smooth (77) In order to ensure a smooth transition
32
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by the Member States of Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
77
Commission proposals
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transition between on the one hand
transition between on the one
between
, on the one hand
, the rules on the
the rules on the organic origin of
hand the rules on the organic
organic origin of plant reproductive material
plant reproductive material and on
origin of plant reproductive
and on animals for breeding purposes provided
animals for breeding purposes
material and on animals for
for in Regulation (EC) No 834/2007 and the
provided for in Regulation (EC) No
breeding purposes provided for
exception to production rules adopted pursuant
834/2007 and the exception to
in Regulation (EC) No 834/2007
to Article 22 of that Regulation, and
, on the
production rules adopted pursuant to
and the exception to production
other hand
, the new production rules for plants
Article 22 of that Regulation, and on
rules adopted pursuant to Article and plant products and livestock provided for
the other hand the new production
22 of that Regulation, and on the
in this Regulation, the power to adopt certain
rules for plants and plant products
other hand the new production
acts should be delegated to the Commission in
and livestock provided for in this
rules for plants and plant
respect of the granting of exceptions where
Regulation, the power to adopt
products and livestock provided
exceptions are deemed necessary, in order to
certain acts should be delegated to
for in this Regulation, the power
ensure access to plant reproductive material
the Commission in respect of the
to adopt certain acts should be
and live animals for breeding purposes that
granting of exceptions where
delegated to the Commission in
may be used in organic production. Those acts
exceptions are deemed necessary, in
respect of the granting of
are
only transitional in nature
, however, and
order to ensure access to plant
exceptions where exceptions are
will therefore apply
only for
the limited period
reproductive material and live
deemed necessary, in order to
of time
needed in order to identify and fill
animals for breeding purposes that
ensure access to plant
gaps in the availability of organic
may be used in organic production.
reproductive material and live
reproductive material for plants and of
Since those acts are transitional in
animals for breeding purposes
organic animals raised for breeding purposes.
nature,
they should apply for
a
that may be used in organic
limited period of time.
production. Since those acts are
transitional in nature, they
should apply for a limited period
of time.
Amendment 61
Recital 77 a (new)
(77a) The Commission's Action Plan for the
future of Organic Production in the European
Union should be used to help fund research
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Commission proposals
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and innovation with a view to increasing the
production and availability of organic seed
and plant reproductive material.
Amendment 62
Recital 77 b (new)
(77b) In order to increase the production,
availability and use of organic seed and plant
reproductive material, partnership
arrangements between seed growers, breeders
and all those involved in organic farming
should be encouraged. In addition, the Expert
Group for Technical Advice on Organic
Production (EGTOP) should be entrusted
with the task of developing a new system for
the effective and sustainable use of organic
seed, providing an incentive for organic seed
growers and breeders.
Amendment 63
Recital 78
(78) The Commission should
(78) The Commission should
(78)
In order to ensure that organic plant
consider the situation
of the
consider the situation of the
reproductive material, feed, and animals
availability of organic plant
availability of organic plant
raised for breeding purposes are available on
reproductive material and animals
reproductive material
, and animals
the market in sufficient quantities, and before
for breeding purposes and present a for breeding purposes
and young
submitting any proposals for the phasing-out
report to this end to the European
stock of aquaculture animals and
of exceptions, the Commission should
carry
Parliament and the Council in
present a report to this end to the
out a study based on data collection and on
2021.
European Parliament and the
analysis of the situation
in the Member States.
Council in 202
41.
On the basis of that study, the Commission
should by the end of 2020 present a report to
the European Parliament and the Council
79
Commission proposals
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comprising an analytical part on the state of
development of organic farming and progress
made, and a strategic part on measures
applied or needed in order to improve the
performance of organic farming and its
institutional framework.
(79) Provision should be made to
(79) Provision should be made to
Commission proposal unchanged
allow the exhaustion of stocks of
allow the exhaustion of stocks of
products which have been produced
products which have been produced
in accordance with Regulation (EC)
in accordance with Regulation (EC)
No 834/2007 and placed on the
No 834/2007
and placed on the
market before this Regulation starts
market before this Regulation
to apply.
starts to apply.
That provision
should also apply to those
products which require a specific
refining or ageing period in case
this period has already started at
the date of application of this
Regulation.
Amendment 64
Recital 80
(80) The review of the legislative
(80) The review of the legislative
deleted
framework for organic production
framework for organic production
and labelling of organic products
and labelling of organic products
showed that the specific needs
showed that the specific needs
relating to the official controls and
relating to the official controls and
other official activities carried out
other official activities carried out
in accordance with Regulation
in accordance with Regulation
(EU) No XXX/XXX (Official
(EU) No XXX/XXX (Official
controls Regulation) require
controls Regulation) require
provisions to better address
80
Commission proposals
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provisions to better address
instances of non-compliance. In
instances of non-compliance. In
addition, the provisions of
addition, the provisions of
Regulation (EU) No XXX/XXX
Regulation (EU) No XXX/XXX
[official controls Regulation]
[official controls Regulation]
relating to the tasks and
relating to the tasks and
responsibilities of competent
responsibilities of competent
authorities, the approval and
authorities, the approval and
supervision of delegated bodies,
supervision of delegated bodies,
official certification, reporting
obligations and administrative
official certification, reporting
assistance should be adapted to the
obligations and administrative
specific needs of the organic
assistance should be adapted to the
production sector. Regulation (EU)
specific needs of the organic
No XXX/XXX [official controls
production sector. Regulation (EU)
Regulation] should therefore be
No XXX/XXX [official controls
amended accordingly.
Regulation] should therefore be
amended accordingly.
(81) Since the objectives of this
Commission proposal unchanged
Commission proposal unchanged
Regulation, in particular fair
competition and proper functioning
of the internal market in organic
products as well as ensuring
consumer confidence in those
products and in the organic
production logo of the European
Union, cannot be sufficiently
achieved by the Member States
themselves but can instead, because
of the required harmonisation of the
rules on organic production, be
better achieved at Union level, the
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Commission proposals
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Union may adopt measures, in
accordance with the principle of
subsidiarity as set out in Article 5 of
the Treaty on European Union. In
accordance with the principle of
proportionality, as set out in that
Article, this Regulation does not go
beyond what is necessary in order to
achieve those objectives.
(82) It is appropriate to provide for
Commission proposal unchanged
Commission proposal unchanged
a date of application of this
Regulation that would give the
possibility to operators to adapt to
the new requirements introduced.
HAVE ADOPTED THIS
Commission proposal unchanged
Commission proposal unchanged
REGULATION:
Chapter I
Subject matter, scope and
Commission proposal unchanged
Commission proposal unchanged
definitions
Article 1
Subject matter
Commission proposal unchanged
Commission proposal unchanged
Amendment 65
Article 1
This Regulation establishes the
This Regulation establishes the
This Regulation establishes the principles of
principles of organic production and
principles of organic production
organic production and
the control and
lays down the rules concerning
and lays down the rules concerning
certification thereof, and lays down the rules
82
Commission proposals
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organic production and the use of
organic production
, certification
concerning organic production
, processing,
indications referring
thereto in
and controls and the use of
distribution, controls, and the use of
labelling and advertising.
indications referring thereto in
indications referring
to organic production in
labelling and advertising.
labelling and advertising.
It shall provide the
basis for the sustainable development of
organic production and its positive effects on
the environment and public health, while
ensuring the effective functioning of the
internal market and fair competition, thereby
helping farmers to achieve a fair income,
ensuring consumer confidence and protecting
consumer interests.
Article 2
Scope
Commission proposal unchanged
Commission proposal unchanged
Amendment 66
Article 2 (1)
1.
This Regulation shall apply to
1.
This Regulation shall apply
1. This Regulation shall apply to
the following
agricultural products
listed in
to agricultural products listed in
products
originating from agriculture,
Annex I to the Treaty on the
Annex I to the Treaty on the
including aquaculture and beekeeping, where
Functioning of the European
Functioning of the European
such products are, or are intended to be
,
Union (‘the Treaty’) and to some
Union (‘the Treaty’) and to some produced, prepared,
labelled, distributed,
other products listed in Annex I to
other products listed in Annex I
placed on the
Union market,
or imported
into
this Regulation, insofar as those
to this Regulation, insofar as
or exported
from the Union as organic:
agricultural products and those
those agricultural products and
other products are intended to be
those other products are intended
produced, prepared, distributed,
to be produced, prepared,
placed on the market, imported or
distributed, placed on the
exported as organic.
market, imported or exported as
organic.This Regulation shall
The products of hunting and fishing
apply to the following products
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Commission proposals
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of wild animals shall not be
listed in Annex I to the TFEU or
considered as organic products.
originating from such products,
where they are produced,
prepared, distributed, placed on
the market, imported or exported
or are intended to be produced,
prepared, distributed, placed on
the market, imported or
exported:
(a) live or unprocessed
(a) live or unprocessed agricultural products,
agricultural products;
including seed and other plant reproductive
material;
(b) processed agricultural (b) processed agricultural products for food;
products for use as food;
(c)
feed;
(c) feed;
(d) plant reproductive
(d) algae and aquaculture animals;
material.
(e) wine;
(f) yeast;
(g) mushrooms;
(h) collected wild plants and parts thereof,
and to other products closely linked to
agriculture which are intended to be
produced, prepared, labelled, distributed,
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Commission proposals
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placed on the market, imported or exported.
The products of hunting and fishing of wild
animals shall not be considered
to constitute
organic products.
(The amendment of the word "seaweed " to
"algae" applies throughout the text. Adopting it
will necessitate corresponding changes
throughout.)
This Regulation shall also apply
to the other products listed in
Annex I to this Regulation where
such products are produced,
prepared, distributed, placed on
the market, imported or exported
or are intended to be produced,
prepared, distributed, placed on
the market, imported or
exported.
The products of hunting and fishing
of wild animals shall not be
considered as organic products.
Amendment 67
Article 2 (2)
2. This Regulation shall apply to any operator
2.
This Regulation shall apply to
2.
This Regulation shall apply to involved in activities, at any stage of
any operator involved in activities, at any operator involved in activities,
production, preparation
, labelling and
any stage of production, preparation
at any stage of production,
distribution, relating to the products referred to
and distribution, relating to the
preparation and distribution,
in paragraph 1
products referred to in paragraph 1.
relating to the products referred to
Mass catering operations carried out by a mass
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Commission proposals
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Mass catering operations carried out
in paragraph 1.
caterer as defined in point (d) of Article 2(2) of
by a mass caterer as defined in point
Regulation (EU) No 1169/2011 of the
Mass catering operations carried
(d) of Article 2(2) of Regulation
European Parliament and of the Council35 shall
out by a mass caterer as defined in
(EU) No 1169/2011 of the European
be subject to this Regulation.
point (d) of Article 2(2) of
Parliament and of the Council33
Regulation (EU) No 1169/2011 of
shall not be subject to this
the European Parliament and of the
Regulation.
Council
34 shall not be subject to
this Regulation.
Amendment 68
Article 2 (2) (3)
deleted
Member States may apply national
Member States may apply national
rules or, in the absence thereof,
rules or, in the absence thereof,
private standards on labelling and
private standards on
the
control of products originating
production, labelling and control
from mass-catering operations.
of products originating from mass-
catering operations
. The organic
production logo of the European
Union shall not be used in the
33
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to
consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing
Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European
Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304,
22.11.2011, p. 18).
34
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to
consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing
Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European
Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304,
22.11.2011, p. 18).
86
Commission proposals
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labelling, presentation and
advertising of these products or
to advertise the mass caterer.
Amendment 69
Article 2 (3)
3.
This Regulation shall apply
3.
This Regulation shall apply
3. This Regulation shall apply without
without prejudice to
related Union
without prejudice to related Union
prejudice to
other Union legislation
or national
legislation
in the fields of inter alia
legislation,
in particular in the
provisions, in conformity with Union law
safety of the food chain, animal
fields of
inter alia safety of the
concerning products specified in this Article,
health and welfare, plant health,
food chain, animal health and
such as provisions governing the production,
and plant reproductive material,
welfare, plant health, and plant
preparation, marketing, labelling and control
and in particular to Regulation
reproductive material
, and in
of those products, and including legislation on
(EU) No XX/XXX of the European
particular to Regulation (EU) No
foodstuffs and animal nutrition.
Parliament and of the Council35
XX/XXX of the European
(plant reproductive material) and
Parliament and of the Council37
Regulation (EU) No XX/XXXX of
(plant reproductive material) and
the European Parliament and of
Regulation (EU) No XX/XXXX of
the Council36 (protective measures
the European Parliament and of
against pests of plants).
the Council38
(protective
measures against pests of plants).
4.
This Regulation shall apply
Commission proposal unchanged
Commission proposal unchanged
without prejudice to other specific
Union provisions relating to the
placing of products on the market
and, in particular, to Regulation
35
[
full title] (OJ L,…).
36
[
full title] (OJ L,…).
37
[full title] (OJ L,…).
38
[full title] (OJ L,…).
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Commission proposals
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(EU) No 1308/2013 of the European
Parliament and of the Council
39, and
to Regulation (EU) No 1169/2011.
Amendment 70
Article 2 (5)
5.
In order to take into account
5.
In order to take into
deleted
new information on production
account new information on
methods or material or
production methods or material
international commitments, the
or international commitments,
Commission shall be empowered to
the Commission shall be
adopt delegated acts in accordance
empowered to adopt delegated
with Article 36 amending the list of
acts in accordance with Article 36
products set out in Annex I. Only
supplementing the list of
products which are closely linked to products set out in Annex I. Only
agricultural products shall be
products which are closely linked
eligible for inclusion in that list.
to agricultural products shall be
eligible for inclusion in that list.
Article 3
Definitions
Commission proposal unchanged
Commission proposal unchanged
For the purposes of this Regulation,
Commission proposal unchanged
Commission proposal unchanged
the following definitions shall apply:
(1)
‘organic production’ means the Commission proposal unchanged
Commission proposal unchanged
use of production methods compliant
39
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the
markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No
1234/2007 (OJ L 347, 20.12.2013, p. 671).
88
Commission proposals
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with this Regulation, at all stages of
production, preparation and
distribution;
(2)
‘organic’ means coming from
(2)
‘organic’ means coming
Commission proposal unchanged
or related to organic production;
from or related to organic
production;
Amendment 71
Article 3 (3)
(3)
‘agricultural raw material’
Commission proposal unchanged
(3)
'agricultural raw material
' or 'aquaculture
means an agricultural product that
raw material' means an agricultural
or
has not been subjected to any
aquaculture product that has not been
operation of
preservation or
subjected to any operation of
processing,
processing;
preparation or preservation;
Amendment 72
Article 3 (4)
(4)
‘preventive measures’ means
(4)
‘preventive measures’ means (4) 'preventive
and precautionary measures'
measures to be taken in order to
measures to be taken in order to
means measures to be taken in order to ensure
ensure
soil quality as well as
ensure soil quality as well as
organic production quality as well as
prevention and control of pests and
prevention and control of pests and
preservation of biodiversity and to prevent
weeds, and to prevent contamination
weeds
for plants, prevention and
contamination
and commingling with products
with products or substances that are
control of disease for animals, as
or substances that are not authorised under this
not authorised under this Regulation;
well as, and to prevent
in
Regulation
at all stages of production,
particular contamination with
preparation and distribution;
products or substances that are not
authorised under this Regulation
at
all stages of production,
preparation and distribution;
89
Commission proposals
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Amendment 73
Article 3 (5)
(5)
‘conversion’ means the
(5)
‘conversion’ means the
(5)
'conversion
' means the transition from non-
transition from non-organic to
transition from non-organic to
organic to organic production within a given
organic production within a given
organic production within a given
period of time
during which the provisions
period of time;
period of time
during which the
relating to organic production have been
provisions of this Regulation
applied;
concerning organic production
have been applied;
(5a) ‘in-conversion products’
means products that are
produced in accordance with
Article 8 during the conversion
period;
(6)
‘operator’ means the natural or Commission proposal unchanged
Commission proposal unchanged
legal person responsible for ensuring
that this Regulation is complied with
at all stages of production,
preparation and distribution under
their control;
(6a) ‘holding’ means all the
production units operated under
a single management for the
purpose of producing products
referred to in Article 2(1);
(6b) ‘production unit’ means all
assets to be used for a production
sector such as primary
90
Commission proposals
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production premises, land
parcels, pasturages, open air
areas, livestock buildings, hives,
fish ponds, containment systems
or sites for algae or aquaculture
animals, rearing units, shore or
seabed concessions, the premises
for the storage of crops, crop
products, algae products, animal
products, raw materials and any
other input relevant for this
specific production sector;
(6c) ‘plant reproductive
material’ means plant(s) as well
as all forms of plant(s) at any
growth stage including seeds,
capable of, and intended for,
producing entire plants;
Amendment 74
Article 3 (7)
(7)
‘group of operators’ means a
(7)
‘group of operators’ means a
(7) ‘group of operators' means a group
group
in which each operator is a
group
in of which each
member is
fulfilling all of the following conditions:
farmer who has a holding of up to 5 a farmer or an operator
s is a
hectares of utilised agricultural
farmer producing algae or
area and who may, in addition to
aquaculture animals who in
producing food or feed, be engaged
addition may be engaged in
in processing of food or feed;
processing of food or feed and
whose turnover is less than
25.000 Euro per year or standard
output is less than 15.000 Euro
91
Commission proposals
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per year or who has a holding of
up to 5 hectares
of utilised
agricultural area and who may,
in addition to producing food or
feed, be engaged in processing of
food or feed;
(a) each member of the group is a farmer or is
an operator producing algae or aquaculture
products, and may, in addition to producing
food and feed, be engaged in the processing,
preparation or marketing of food or feed;
(b) the production activities of the members of
the group take place in geographical
proximity to each other;
(c) a joint marketing system for the organic
products produced by the group is established;
(d) the group has legal personality and an
internal control system; and
(ve the turnover or standard output of organic
production of each member of the group does
not exceed EUR 15 000 per year, or each
member produces on a holding of up to 5
hectares, or, in the case of production under
glass or other intensive production under
protective cover, on a holding of up to 0.5
hectares, or, in the case of exclusively
permanent grassland, on a holding of up to 15
hectares.
The conditions set out under point (e) do not
92
Commission proposals
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apply to groups of operators from third
countries;
(8)
‘farmer’ means a natural or
(8)
‘farmer’ means a natural or
Commission proposal unchanged
legal person, or a group of natural or legal person, or a group of natural
legal persons, regardless of the legal
or legal persons, regardless of the
status granted to such group and its
legal status granted to such group
members by national law, who
and its members by national law,
exercises an agricultural activity.
who exercises an agricultural
activity
.;
(9)
‘agricultural area’ means
Commission proposal unchanged
Commission proposal unchanged
agricultural area as defined in point
(e) of Article 4(1) of Regulation
(EU) No 1307/2013;
(9a) ‘populations’ means plant
groupings which fulfil the
requirements specified in
temporary experiments allowed
under Article 13a of Council
Directives 66/401/EEC and
66/402/EEC, Article 14a of
Council Directive 68/193/EEC,
Article 19 of Council Directives
2002/54/EC and 2002/56/EC,
Article 33 of Council Directive
2002/55/EC and Article 17 of
Council Directive 2002/57/EC;
(10) ‘plants’ means plants as
Commission proposal unchanged
Commission proposal unchanged
defined in point 5 of Article 3 of
93
Commission proposals
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Regulation (EC) No 1107/2009;
Amendment 75
Article 3 (10) (a) (new)
(10a) 'organic plant breeding and variety
development' means the enhancement of
genetic diversity coupled with reliance on
natural reproductive ability. Organic plant
breeding is aimed at the development of new
varieties which are particularly suited for
organic production systems. It involves a
holistic approach that respects natural
crossing barriers and is based on fertile plants
that can establish a viable relationship with
the living soil. Organic plant breeding is
undertaken under these organic plant
breeding conditions in line with the
requirements of this Regulation.
Amendment 76
Article 3 (10) (b) (new)
(10b) 'plant reproductive material' means
plants as well as forms of plants at any stage,
including seeds, capable of and intended for,
producing entire plants;
Amendment 77
Article 3 (10) (c) (new)
(10c) 'mother plant' means an identified plant
from which plant reproductive material is
taken for reproduction of new plants;
94
Commission proposals
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Amendment 78
Article 3 (10) (d) (new)
(10d) 'generation' means a group of plants
constituting a single line of descent of plants;
Amendment 79
Article 3 (10) (e) (new)
(10e) 'organic animal breeding' means the
enhancement of genetic diversity coupled with
reliance on the natural reproductive ability of
the animals concerned. Organic animal
breeding shall secure optimum compliance
with the requirements of this Regulation,
focussing on disease resistance, longevity,
breeding value, and adaptation to climatic and
natural conditions, and shall promote
breeding aimed at slow growth where
relevant;
(11) ‘plant production’ means
Commission proposal unchanged
Commission proposal unchanged
production of agricultural crop
products including harvesting of
wild plant products for commercial
purposes;
(12) ‘plant products’ means plant
Commission proposal unchanged
Commission proposal unchanged
products as defined in point 6 of
Article 3 of Regulation (EC)
No 1107/2009;
(13) ‘pest’ means a pest as defined
Commission proposal unchanged
Commission proposal unchanged
in Article 1(1) of Regulation (EU)
95
Commission proposals
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No XX/XXXX (protective measures
against pests of plants);
Amendment 80
Article 3 (13) (a) (new)
(13a) ‘herbal preparations’ means extracts
obtained from certain plants for the purpose
of strengthening crops or repelling or
eliminating pests and diseases;
Amendment 81
Article 3 (13) (b) (new)
(13b) ‘biodynamic preparations’ means
mixtures traditionally used in biodynamic
farming and numbered from 500 to 508;
(14) ‘plant protection products’
Commission proposal unchanged
Commission proposal unchanged
means the products referred to in
Article 2 of Regulation (EC) No
1107/2009;
(15) ‘livestock production’ means
Commission proposal unchanged
Commission proposal unchanged
the production of domestic or
domesticated terrestrial animals,
including insects;
Amendment 82
Article 3 (16)
(16) ‘veranda’ means an additional, Commission proposal unchanged
(16) ‘veranda’ means an additional, roofed,
roofed, uninsulated, outdoor part of
uninsulated, outdoor part of a livestock
a livestock building, the longest side
building, the longest side being usually
equipped with wire fencing or netting with
96
Commission proposals
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being usually equipped with wire
outdoor climate, natural and
, where possible,
fencing or netting with outdoor
artificial illumination and a littered floor;
climate, natural and artificial
illumination and a littered floor;
Amendment 83
Article 3 (16) (a) (new)
(16a) ‘laying pullets’ means young animals of
the Gallus gallus species intended for egg
production and of an age of less than 18
weeks;
Amendment 84
Article 3 (16) (b) (new)
(16b) ‘laying hens’ means animals of the
Gallus gallus species intended for the
production of eggs for consumption and of an
age of at least 18 weeks;
Amendment 85
Article 3 (16) (c) (new)
(16c) 'broilers' means animals of the Gallus
gallus species kept for meat production;
Amendment 86
Article 3 (16) (d) (new)
(16d) 'usable area' means an area as defined
in Council Directive 1999/74/EC1a, being an
area (inside the poultry house) at least 30 cm
wide with a floor slope not exceeding 14 %
and with headroom of at least 45 cm. Nesting
97
Commission proposals
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areas shall not be regarded as usable areas;
Amendment 87
Article 3 (16) (f) (new)
(16f) 'core indicators' means indicators
relating to the direct environmental aspects
defined in Regulation (EC) No 1221/2009;
(17) ‘aquaculture’ means
Commission proposal unchanged
Commission proposal unchanged
aquaculture as defined in point (25)
of Article 4(1) of Regulation (EU)
No 1380/2013 of the European
Parliament and of the Council
40;
(17a) ‘closed recirculation
aquaculture facility’ means a
facility where aquaculture takes
place within an enclosed
environment on land or on a
vessel involving the recirculation
of water, and depending on
permanent external energy input
to stabilise the environment for
the aquaculture animals;
(17b) ‘energy from renewable
sources’ means renewable non-
fossil energy sources such as
wind, solar, geothermal wave,
40
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy,
amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC)
No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
98
Commission proposals
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tidal, hydropower, landfill gas,
sewage treatment plant gas and
biogases;
(17c) ‘hatchery’ in the
framework of aquaculture and
algae production means a place of
breeding, hatching and rearing
through the early life stages of
aquaculture animals, finfish and
shellfish in particular;
(17d) ‘nursery’ in the framework
of aquaculture and algae
production means a place where
an intermediate production
system is applied between the
hatchery and grow-out stages.
The nursery stage is completed
within the first third of the
production cycle with the
exception of species undergoing a
smoltification process;
(17e) ‘pollution’ in the
framework of aquaculture and
algae production means the
direct or indirect introduction
into the aquatic environment of
substances or energy as defined
in Directive 2000/60/EC of the
99
Commission proposals
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European Parliament and of the
Council41
and in Directive
2008/56/EC of the European
Parliament and of the Council42
,
in the waters to which those
Directives apply, respectively;
(17f) ‘polyculture’ in the
framework of aquaculture and
algae production means the
rearing of two or more species
usually from different trophic
levels in the same culture unit;
(17g) ‘production cycle’ in the
framework of aquaculture and
algae production means the
lifespan of an aquaculture animal
or algae from the earliest life
stage (fertilised eggs in the case of
aquaculture animals) to
harvesting;
(17h) ‘locally grown species’ in
the framework of aquaculture
and algae production means
species which are neither alien
nor locally absent species under
41
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community
action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
42
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action
in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
100
Commission proposals
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Council Regulation (EC) No
708/200743
, as well as the species
listed in Annex IV to that
Regulation;
(17i) ‘stocking density’ in the
framework of aquaculture and
algae production means the live
weight of aquaculture animals
per cubic metre of water at any
time during the grow-out phase
and in the case of flatfish and
shrimp the weight per square
metre of surface;
(18) ‘veterinary treatment’ means
Commission proposal unchanged
Commission proposal unchanged
all courses of a curative or
preventive treatment against one
occurrence of a specific disease;
(19) ‘veterinary medicinal
(19)
‘veterinary medicinal
Commission proposal unchanged
products’ means veterinary
products’ means veterinary
medicinal products as defined in
medicinal products as defined in
point 2 of Article 1 of Directive
point 2 of Article 1 of Directive
2001/82/EC of the European
2001/82/EC of the European
Parliament and of the Council
44;
Parliament and of the
Council'veterinary medicinal
products' means veterinary
43
Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (OJ L 168,
28.6.2007, p. 1).
44
Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary
medicinal products (OJ L 311, 28.11.2001, p.1).
101
Commission proposals
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medicinal products as defined in
point 1 of Article 4 of Regulation
(EU) No XX/XXX (veterinary
medicinal products)45;
Amendment 88
Article 3 (20)
(20) ‘preparation’ means the
Commission proposal unchanged
(20) 'preparation' means the operations of
operations of preserving or
preserving or processing of organic products,
processing of organic products,
including slaughter and cutting for livestock
including slaughter and cutting for
products, packaging, labelling or alterations
livestock products, packaging,
made to the labelling relating to
the organic
labelling or alterations made to the
production
method used;
labelling relating to organic
production;
(21) ‘food’ means food as defined
Commission proposal unchanged
Commission proposal unchanged
in Article 2 of Regulation (EC) No
178/2002 of the European
Parliament and of the
Council
46;‘feed’ means feed as
defined in point 4 of Article 3 of
Regulation (EC) No 178/2002;
(22) ‘feed’ means feed as defined in Commission proposal unchanged
Commission proposal unchanged
45
Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to
veterinary medicinal products (OJ L 311, 28.11.2001, p.1). Regulation (EU) No XX/XXX of the European Parliament and of the
Council […] on veterinary medicinal products (OJ L…)
46
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and
requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31,
1.2.2002, p. 1).
102
Commission proposals
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point 4 of Article 3 of Regulation
(EC) No 178/2002;
(23) ‘feed material’ means feed
Commission proposal unchanged
Commission proposal unchanged
material as defined in point (g) of
Article 3(2) of Regulation (EC) No
767/2009 of the European
Parliament and of the Council
47;
Amendment 89
Article 3 (24)
(24) ‘in-conversion
feed’ means
(24) ‘in-conversion feed’ means
(24) 'in-conversion
products' means
plant
feed produced during the conversion
feed produced during the
products produced during the conversion
period,
with the exclusion of those
conversion period, with the
period,
to the exclusion of those harvested in
harvested in the 12 months
exclusion of those harvested in
the 12 months following the beginning of the
following the beginning of the
the 12 months following the
conversion;
conversion;
beginning of the conversion;
(25) ‘placing on the market’ means
Commission proposal unchanged
Commission proposal unchanged
placing on the market as defined in
point 8 of Article 3 of Regulation
(EC) No 178/2002;
(26) ‘traceability’ means
Commission proposal unchanged
Commission proposal unchanged
traceability as defined in point 15 of
Article 3 of Regulation (EC)
47
Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed,
amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission
Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision
2004/217/EC (OJ L 229, 1.9.2009, p. 1).
103
Commission proposals
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No 178/2002;
(27) ‘stages of production,
Commission proposal unchanged
Commission proposal unchanged
preparation and distribution’ means
any stage from and including the
primary production of an organic
product up to and including its
storage, processing, transport, sale or
supply to the final consumer, and
where relevant labelling, advertising,
import, export and subcontracting
activities;
Amendment 90
Article 3 (28)
(28) ‘catastrophic circumstances’
(28) ‘catastrophic
(28) ‘catastrophic circumstances’ means
means circumstances deriving from
circumstances’ means
circumstances deriving from an ‘adverse
an ‘adverse climatic event’, an
circumstances deriving from an
climatic event’, an ‘environmental incident’, a
‘environmental incident’, a ‘natural
‘adverse climatic event’, an
‘natural disaster’
, an 'animal disease' or a
disaster’ or a ‘catastrophic event’ as
‘environmental incident’, a
‘catastrophic event’ as defined respectively in
defined respectively in points (h),
‘natural disaster’ or a
points (h),
(i), (j), (k) and (l) of Article 2(1) of
(j), (k) and (l) of Article 2(1) of
‘catastrophic event’ as defined
Regulation (EU) No 1305/2013;
Regulation (EU) No 1305/2013;
respectively in points (h), (j), (k)
and (l) of Article 2(1) of
Regulation (EU) No 1305/2013;
(29) ‘ingredient’ means an
Commission proposal unchanged
Commission proposal unchanged
ingredient as defined in point (f) of
Article 2(2) of Regulation (EU)
No 1169/2011;
104
Commission proposals
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(30) ‘labelling’ means labelling as
(30) ‘labelling’ means
any words, Commission proposal unchanged
defined in point (j) of Article 2(2) of
particulars, trade marks, brand
Regulation (EU) No 1169/2011;
name, pictorial matter or symbol
relating to a product and placed
on any packaging, document,
notice, label, ring or collar
accompanying or referring to
such product labelling as defined
in point (j) of Article 2(2) of
Regulation (EU) No 1169/2011;
(31) ‘advertising’ means any
(31) ‘advertising’ means any
Commission proposal unchanged
presentation of organic products to
presentation of
organic products to
the public, by any means other than
the public, by any means other than
a label, that is intended or is likely to a label, that is intended or is likely
influence and shape attitude, beliefs
to influence and shape attitude,
and behaviours in order to promote
beliefs and behaviours in order to
directly or indirectly the sale of
promote directly or indirectly the
organic products;
sale of organic products;
(32) ‘competent authorities’ means
Commission proposal unchanged
Commission proposal unchanged
competent authorities as defined in
point 5 of Article 2 of Regulation
(EU) No XXX/XXXX [
Official
controls Regulation];
Amendment 91
Article 3 (33)
(33) ‘control authority’ means
Commission proposal unchanged
(33) 'control authority' means
a public
control authority
for organic
administrative organisation of a Member
production and labelling
of organic
State to which the competent authority
has
delegated, in whole or in part, its competence
105
Commission proposals
Council General Approach
COMAGRI Vote
products as defined in point 39 of
for inspection and certification in the field of
Article 2 of Regulation (EU) No
organic production and labelling
in accordance
XXX/XXXX [Official controls
with the provisions set out in this Regulation.
Regulation];
It also includes, where appropriate, the
corresponding authority of a third country or
the corresponding authority operating in a
third country;
Amendment 92
Article 3 (34)
(34) ‘control body’ means
a
Commission proposal unchanged
(34) 'control body' means
an independent
delegated body as defined in point
private or public third party carrying out
38 of Article 2 of Regulation (EU)
inspection and certification in the field of
No XXX/XXXX [Official controls
organic production in accordance with the
Regulation], as well as a body
provisions set out in this Regulation. It also
recognised by the Commission or by
includes, where appropriate, the
a third country recognised by the
corresponding body of a third
country or the
Commission to carry out controls in
corresponding body operating in a third
third
countries for the import of
country;
organic products into the Union;
(35) ‘non-compliance’ means non-
Commission proposal unchanged
Commission proposal unchanged
compliance with this Regulation;
Amendment 93
Article 3 (35) (a) (new)
(35a) 'compliance' means compliance with
this Regulation and its Annexes, with the
delegated and implementing acts adopted in
accordance with this Regulation and with
other Regulations to which this Regulation
106
Commission proposals
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refers;
Amendment 94
Article 3 (36)
(36) ‘genetically modified
Commission proposal unchanged
(36) 'genetically modified organism' means a
organism’ means a genetically
genetically modified organism as defined in
modified organism as defined
in
Directive 2001/18/EC of the European
point (2) of Article 2 of Directive
Parliament and of the Council43, hereinafter
2001/18/EC of the European
referred to as ‘GMO';
Parliament and of the Council
48 which is not obtained through the
techniques of genetic modifications
listed in Annex I.B to that Directive, hereinafter referred to as ‘GMO’;
(37) ‘produced from GMOs’ means Commission proposal unchanged
Commission proposal unchanged
derived in whole or in part from
GMOs but not containing or
consisting of GMOs;
(38) ‘produced by GMOs’ means
Commission proposal unchanged
Commission proposal unchanged
derived by using a GMO as the last
living organism in the production
process, but not containing or
consisting of GMOs nor produced
from GMOs;
(39) ‘food additive’ means a food
Commission proposal unchanged
Commission proposal unchanged
additive as defined in point (a) of
48
Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of
genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).
107
Commission proposals
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Article 3(2) of Regulation (EC) No
1333/2008 of the European
Parliament and of the Council
49 ;
(40) ‘feed additive’ means a feed
Commission proposal unchanged
Commission proposal unchanged
additive as defined in point (a) of
Article 2(2) of Regulation (EC) No
1831/2003 of the European
Parliament and of the Council
50;
Amendment 95
Article 3 (40) (a) (new)
(40a) 'engineered nanomaterial' means
engineered nanomaterial as defined in point
(t) of Article 2(2) of Regulation (EU)
No1169/2011;
Amendment 96
Article 3 (41)
(41)
‘equivalence’ means
meeting
Commission proposal unchanged
(41) '
equivalent'
, when describing different
the same objectives and principles
systems or measures, means
that they meet the
by applying rules which ensure the
same objectives and principles by applying
same level of assurance of
rules which ensure the same level of assurance
conformity;
‘processing aid’ means
of conformity;
processing aid as defined in point
(b) of Article 3(2) of Regulation
49
Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( OJ L 354, 31.12.2008,
p. 16).
50
Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition
(OJ L 268, 18.10.2003, p. 29).
108
Commission proposals
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(EC) No 1333/2008;
(41a) ‘processing aid’ means
processing aid as defined in point
(b) of Article 3(2) of Regulation
(EC) No 1333/2008;
(42) ‘food enzyme’ means a food
Commission proposal unchanged
Commission proposal unchanged
enzyme as defined in point (a) of
Article 3(2) of Regulation (EC) No
1332/2008 of the European
Parliament and of the Council
51;
Amendment 97
Article 3 (43)
(43) ‘ionising radiation’ means
Commission proposal unchanged
(43) ‘ionising radiation’ means ionising
ionising radiation as defined in
radiation as defined in Article 1 of Council
Article 1 of Council Directive
Directive 96/29/Euratom47
and as regulated by
96/29/Euratom
52.
Directive 1999/2/EC of the European
Parliament and of the Council47 a;
(43a) ‘pre-packed food’ means a
pre-packed food as defined in
Article 2(2)(e) of Regulation (EU)
No 1169/2011 of the European
Parliament and of the Council;
51
Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council
Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC)
No 258/97 (OJ L 354, 31.12.2008, p. 7)
52
Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the
general public against the dangers arising from ionizing radiation (OJ L 159, 29.6.1996, p. 1).
109
Commission proposals
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Amendment 98
Article 3 (43) (a) (new)
(43a) 'mass catering operations' means the
preparation and distribution of organic
products in catering establishments such as
restaurants, canteens, hospitals and prisons,
and other types of food businesses at the point
of sale or delivery to the final consumer;
Amendment 99
Article 3 (43) (b) (new)
(43b) 'production unit' means all assets used
in a production sector, such as primary
production premises, land, parcels, pastures,
open-air areas, livestock buildings, hives, fish
ponds, containment systems or sites for algae
or aquaculture animals, rearing units, shore
or seabed concessions, crop storage premises,
crop products, algae products, animal
products, raw materials and any other input
relevant for the organic production sector
concerned;
Amendment 100
Article 3 (43) (c) (new)
(43c) ‘poultry house’ means a covered,
independent structure fitted out in such a way
as to protect the animals housed within it from
bad weather;
Amendment 101
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Article 3 (43) (d) (new)
(43d) 'hydroponic production' means the
method of growing plants with their roots in a
mineral nutrient solution only or in an inert
medium, such as perlite, gravel or mineral
wool to which a nutrient solution is added;
Amendment 102
Article 3 (43) (e) (new)
(43e) 'soil-bound crop cultivation' means
production in living soil such as mineral soil
mixed and/or fertilised with materials and
products allowed in organic production, in
connection with the subsoil and bedrock;
Amendment 103
Article 3 (43) (f) (new)
(43f) 'holding' means all the production units
operated under a single management for the
purpose of producing the products referred to
in Article 2(1);
Amendment 104
Article 3 (43) (g) (new)
(43g) 'pre-packed food' means a pre-packed
food as defined in point (f) of Article 2(2) of
Regulation (EU) No 1169/2011.
Chapter II
Amendment 105
Chapter II - title
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Principles
of organic production
Commission proposal unchanged
Objectives of, and principles
for, organic
production
Amendment 106
Article 3 (a) (new)
Article 3a
Objectives
In order to establish a sustainable
management system for organic production,
the following general objectives shall be
pursued:
(a) respecting nature's systems and cycles and
sustaining and enhancing the health of soil,
water, plants and animals and the balance
between them;
(b) establishing appropriate management of
biological processes based on ecological
systems using natural resources which are
internal to the system, by methods that:
– maintain the long-term fertility of soils;
– contribute to a high level of biological
diversity;
– make a substantial contribution to a non-
toxic environment;
– make responsible use of, and contribute to
the saving of, energy and water, and preserve
natural resources such as water, soil, organic
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matter and air;
– respect high animal welfare standards and,
in particular, meet animals' species-specific
behavioural needs.
Article 4
General principles
Commission proposal unchanged
Commission proposal unchanged
Amendment 107
Article 4
Organic production is a sustainable
Organic production is a sustainable
Organic production is a sustainable
management system
for agriculture
management system
for
management system that is based on the
that is based on the following
agriculture that is based on the
following general principles:
general principles:
following general principles:
(a)
respect for nature's systems
(a)
respect for nature's systems
(a)
contribution to protection of the
and cycles and sustainment and
and cycles and sustainment and
environment, the climate and human health;
enhancement of the state of soil,
enhancement of the state of soil,
water, air and biodiversity, of the
water
and, air
and biodiversity, of
health of plants and animals and of the health of plants and animals and
the balance between them;
of the balance between them;
(b)
contribution to a high level of
Commission proposal unchanged
(b) contribution to a high level of biodiversity;
biodiversity;
(c)
responsible use of energy and
Commission proposal unchanged
(c) responsible use of energy and natural
natural resources, such as water, soil,
resources, such as water, soil, organic matter
organic matter and air;
and air;
(d)
respect of high animal welfare
Commission proposal unchanged
(d) respect of high animal welfare standards
standards and, in particular,
and, in particular, fulfilment of animals’
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fulfilment of animals’ species-
species-specific behavioural needs;
specific behavioural needs;
(da) production of a wide variety of foods and
other agricultural and aquacultural products
of high quality which benefits the
environment, human health, plant health or
animal health and welfare;
(db) ensuring the quality of organic products
at all stages of production, processing and
distribution;
(dc) encouragement of short distribution
channels and local production in the various
areas of the Union;
(e)
appropriate design and
Commission proposal unchanged
(e) appropriate design and management of
management of biological processes
biological processes based on ecological
based on ecological systems using
systems using natural resources which are
natural resources which are internal
internal to the system by methods that:
to the system by methods that:
(i)
use living organisms and Commission proposal unchanged
(i) use living organisms and mechanical
mechanical production
production methods;
methods;
(ii) practice
land-related
(ii) practice land-related
(ii) practice
soil-bound crop cultivation and
crop cultivation and livestock
crop cultivation and livestock
land-related livestock production or
production or
practice
production or practice
aquaculture which complies with the principle
aquaculture which complies
aquaculture which complies
of sustainable fisheries.
Additionally, such
with the principle of
with the principle of
practices shall be based on the following
sustainable
exploitation of
sustainable exploitation of
principles:
fisheries;
fisheries aquatic resources;
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– soil protection and cover against wind and
water erosion;
– protection of the quality of the water;
– crop rotation, save in the case of permanent
crops;
– use of seeds and animals with a high degree
of genetic diversity, resistance against diseases
and longevity;
(iii) exclude the use of
Commission proposal unchanged
(iii) exclude the use of GMOs and products
GMOs and products produced
produced from or by GMOs with the exception
from or by GMOs with the
of veterinary medicinal products;
exception of veterinary
medicinal products;
(iv) are based on the use of
(iv) are based on
risk
(iv) are based on
risk assessment as defined in
preventive measures, when
assessment, and the use
of
Article 3 of Regulation (EC) No 178/2002 and
appropriate;
precautionary of and
the use of precautionary measures, when
preventive measures, when
appropriate;
appropriate;
(f)
restriction of the use of
Commission proposal unchanged
(f) restriction of the use of external inputs.
external inputs. Where external
Where external inputs are required or the
inputs are required or the appropriate
appropriate management practices and methods
management practices and methods
referred to in point (e) do not exist, these shall
referred to in point (e) do not exist,
be limited to:
these shall be limited to:
(i)
inputs from organic
Commission proposal unchanged
(i) inputs from organic production
; in the case
production;
of plant reproductive material, priority shall
be given to varieties selected for their ability to
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meet the specific needs and objectives of
organic farming where available;
(ii) natural or naturally-
Commission proposal unchanged
(ii) natural or naturally-derived substances;
derived substances;
(iii) low solubility mineral
Commission proposal unchanged
(iii) low solubility mineral fertilisers;
fertilisers;
(g)
adaptation, where
Commission proposal unchanged
(g) adaptation, where necessary, and within the
necessary, and within the framework
framework of this Regulation, of the
of this Regulation, of the production
production process, taking account of the
process, taking account of the
sanitary status, regional differences in
sanitary status, regional differences
ecological balance, climate and local
in ecological balance, climate and
conditions, stages of development and specific
local conditions, stages of
husbandry practices.
development and specific husbandry
practices.
(ga) exclusion of animal cloning,
rearing artificially induced
polyploid animals and ionising
radiation from the whole organic
food chain;
(gb) production of a wide variety
of food and other agricultural
products that respond to
consumers’ demand for goods
produced by the use of processes
that do not harm the
environment, human health,
plant health or animal health and
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welfare;
(gc) ensuring the integrity of
organic production at all stages of
production, processing and
distribution of food and feed
Article 5
Specific principles applicable to
Commission proposal unchanged
Commission proposal unchanged
agricultural activities and
aquaculture
In the framework of agricultural
Commission proposal unchanged
Commission proposal unchanged
activities and aquaculture, organic
production shall in particular be
based on the following specific
principles:
(a)
maintenance and enhancement
Commission proposal unchanged
Commission proposal unchanged
of soil life and natural soil fertility,
soil stability, soil water retention and
soil biodiversity preventing and
combating loss of soil organic
matter, soil compaction and soil
erosion, and the nourishing of plants
primarily through the soil
ecosystem;
(b)
limitation of the use of non-
Commission proposal unchanged
Commission proposal unchanged
renewable resources and external
inputs to a minimum;
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(c)
recycling of wastes and by-
Commission proposal unchanged
Commission proposal unchanged
products of plant and animal origin
as input in plant and livestock
production;
(d)
maintenance of plant health by (d)
maintenance of plant health
Commission proposal unchanged
preventive measures, in particular
by preventive measures, in
the choice of appropriate species,
particular the choice of appropriate
varieties or heterogeneous material
species, varieties or
heterogeneous
resistant to pests and diseases,
material populations resistant to
appropriate crop rotations,
pests and diseases, appropriate crop
mechanical and physical methods
rotations, mechanical and physical
and protection of the natural enemies methods and protection of the
of pests;
natural enemies of pests;
Amendment 108
Article 5 (d) (a) (new)
(da) sustaining the health of plants and
animals;
(e)
choice of breeds having regard Commission proposal unchanged
Commission proposal unchanged
to the capacity of animals to adapt to
local conditions, their vitality and
their resistance to disease or health
problems; the practice of site-
adapted and land-related livestock
production; the application of animal
husbandry practices, which enhance
the immune system and strengthen
the natural defence against diseases,
in particular including regular
exercise and access to open air areas
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and pastureland, where appropriate;
(f)
observance of a high level of
Commission proposal unchanged
Commission proposal unchanged
animal welfare respecting species-
specific needs;
(g)
feeding of livestock with
Commission proposal unchanged
Commission proposal unchanged
organic feed composed of
agricultural ingredients from organic
production and of natural non-
agricultural substances;
Amendment 109
Article 5 (h)
(h)
exclusion of
genetic
(h)
exclusion of genetic
(h)
exclusion of animal cloning from the whole
engineering, animal cloning,
engineering, animal cloning,
organic food chain;
artificially induced polyploidy and
artificially induced polyploidy
ionising radiation from the whole
and ionising radiation from the
organic food chain;
whole organic food chain;
Amendment 110
Article 5 (h) (a) (new)
(ha) exclusion of food containing or
consisting of artificially engineered
nanomaterials;
Amendment 111
Article 5 (i)
(i)
continuing health of the
Commission proposal unchanged
(i)
maintenance of biodiversity in natural
aquatic environment and the quality
aquatic ecosystems, and ensuring the
of surrounding aquatic and terrestrial
continuing health of the aquatic environment
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ecosystems;
and the quality of surrounding aquatic and
terrestrial ecosystems
in aquaculture
production;
(j)
feeding of aquatic organisms
Commission proposal unchanged
Commission proposal unchanged
with feed from sustainable
exploitation of fisheries in
accordance with Regulation (EU) No
1380/2013 or with organic feed
composed of agricultural ingredients
from organic production, including
organic aquaculture, and of natural
non-agricultural substances.
Amendment 112
Article (5) (j) (a) (new)
(ja) taking account of the local or regional
ecological balance when taking production
decisions;
Amendment 113
Article 5 (j) (b) (new)
(jb) production of organic livestock products
derived from animals that have been raised on
organic holdings since their birth or hatching
and throughout their life;
Article 6
Amendment 114
Article 6 - title
Specific principles applicable to the
Commission proposal unchanged
Specific principles applicable to the processing
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processing of organic food
and feed
of organic food
Amendment 115
Article 6
Production of processed organic
Commission proposal unchanged
Production of processed organic food shall
, in
food
and feed shall in particular be
particular
, be based on the following specific
based on the following specific
principles:
principles:
(a)
production of organic food
Commission proposal unchanged
(a)
the production of organic food from organic
from organic agricultural
agricultural ingredients
, except where an
ingredients;
ingredient is not available as an organic
product at a certain point in time. In such
cases, non-organic ingredients may,
exceptionally, be authorised by the competent
authority of the Member State concerned.
Such authorisation shall be notified to the
Commission and published by the
Commission in such a way as to make this
information accessible;
(b)
production of organic feed
Commission proposal unchanged
from organic feed materials;
(c)
limitation of the use of food
Commission proposal unchanged
(b) restriction of the use of food additives, of
additives, of non-organic ingredients
non-organic ingredients with mainly
with mainly technological and
technological and sensory functions, and of
sensory functions, and of
micronutrients and processing aids, so that they
micronutrients and processing aids,
are used to a minimum extent and only in cases
so that they are used to a minimum
of essential technological need or for particular
extent and only in cases of essential
nutritional purposes;
technological need or for particular
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nutritional purposes;
(d)
limitation of the use of feed
Commission proposal unchanged
additives and processing aids to a
minimum extent and only in cases
of essential technological or
zootechnical needs or for particular
nutritional purposes;
(e)
exclusion of substances and
Commission proposal unchanged
(c) exclusion of substances and processing
processing methods that might be
methods that might be misleading as regards
misleading as regards the true nature
the true nature of the product;
of the product;
(f)
processing of food
or feed
Commission proposal unchanged
(d) processing of food with care, preferably
with care, preferably through the use
through the use of biological, mechanical and
of biological, mechanical and
physical methods.
physical methods.
Amendment 116
Article 6 (a) (new)
Article 6a
Specific principles applicable to the
processing of organic feed
Production of processed organic feed shall, in
particular, be based on the following specific
principles:
(a) the production of organic feed from
organic feed materials;
(b) restriction of the use of feed additives and
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processing aids, and authorisation of the use
of such additives and aids only in cases of
essential technological or zootechnical needs
or for particular nutritional purposes;
(c) exclusion of substances and processing
methods that might be misleading as regards
the true nature of the product concerned;
(d) processing of feed with care, preferably
through the use of biological, mechanical and
physical methods.
Chapter III
Production rules
Commission proposal unchanged
Commission proposal unchanged
Article 7
General production rules
Commission proposal unchanged
Commission proposal unchanged
1.
Operators shall comply with
Commission proposal unchanged
Commission proposal unchanged
the following general production
rules:
Amendment 117
Article 7 (1) (a)
(a)
the entire agricultural
(a)
the entire agricultural
(a) the entire agricultural holding or
holding or aquaculture
or aquaculture holding
or
aquaculture operation shall be managed in
operation shall be managed in
aquaculture operation shall
compliance with
this Regulation;
compliance with
the
be managed in compliance
requirements applicable to
with the requirements
organic production;
applicable to organic
production.
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Amendment 118
Article 7 (1) (b)
(b)
save as otherwise
(b)
for the purposes
(b) only products and substances authorised
provided in point 2.2 of Part
mentioned in Article 19 and pursuant to point 2.2 of Part IV and point 1.3 of
IV and point 1.3 of Part VI of
in save as otherwise
Part VI of Annex II
for the purposes
Annex II, only products and
provided in point 2.2 of Part
mentioned in Article 19 may be used in
substances authorised pursuant
IV and point 1.3 of Part VI of organic agriculture and aquaculture, provided
to
Article 19 may be used in
Annex II, only products and
that the product or substance in question has
organic agriculture and
substances authorised
been authorised for use in agriculture and
aquaculture, provided that the
pursuant to
these provisions
aquaculture, in accordance with the relevant
product or substance in
Article 19 may be used in
provisions of Union law and, where necessary,
question has been authorised
organic agriculture and
in the Member States concerned, in accordance
for use in agriculture and
aquaculture, provided that the with national provisions based on Union law;
aquaculture, in accordance
product or substance in
the use of products and substances used for
with the relevant provisions of
question has been authorised
purposes other than those mentioned in
Union law and, where
for use in agriculture and
Article 19 and authorised pursuant to point
necessary, in the Member
aquaculture, in accordance
2.2 of Part IV and point 1.3 of Part VI of
States concerned, in
with the relevant provisions
Annex II shall be allowed provided that their
accordance with national
of Union law and, where
use respects the principles laid down in
provisions based on Union
necessary, in the Member
Chapter II;
law;
States concerned, in
accordance with national
provisions based on Union
law;
the use of products and
substances used for other
purposes than those
mentioned in Article 19 and
point 2.2 of Part IV and
point 1.3 of Part VI of
Annex II are allowed
provided that their use
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respects the principles laid
down in Chapter II.
(c)
the use of ionising
Commission proposal unchanged
Commission proposal unchanged
radiation for the treatment of
organic food or feed, or of raw
materials used in organic food
or feed shall be prohibited;
Amendment 119
Article 7 (1) (c) (a) (new)
(ca) the use of animal
(ca) the use of animal cloning and the rearing
cloning and the rearing of
of artificially induced polyploid animals is
artificially induced
prohibited;
polyploid animals is
prohibited;
(cb) preventive measures
shall be taken as
appropriate at all stages of
production, preparation
and distribution
Amendment 120
Article 7 (1) (c) (b) (new)
(cb) preventive measures shall be taken as
appropriate at all stages of production,
preparation and distribution;
Amendment 121
Article 7 (1) (d)
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(d)
organic operators other
(d) organic operators
(d) organic operators other than micro-
than micro-enterprises, farmers
other than micro-
enterprises, farmers
, beekeepers, retailers, and
and operators producing
enterprises, farmers and
operators producing
algae or aquaculture
seaweed or aquaculture
operators producing
animals, shall
improve their environmental
animals, shall
put in place an
seaweed or aquaculture
performance so as to protect biodiversity and
environmental management
animals, shall put in place
to contribute to climate change mitigation by
system with a view to
an environmental
means such as carbon sequestration,
improving their
management system with a
establishing performance targets.
environmental performance.
view to improving their
environmental
performance.
1a.
By way of derogation from
paragraph 1 (a), a holding may
be split into clearly and
effectively separated units or
aquaculture production sites
which are not all managed under
organic production, provided
that:
(i)
as regards livestock,
different species shall be
involved;
(ii) as regards plants,
different varieties that can
be easily differentiated shall
be involved.
As regards aquaculture, the same
species may be involved, provided
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that there is a clear and effective
separation between the
production sites.
In case of research and
educational centers, nurseries,
seed multipliers, hatcheries in the
framework of aquaculture and
algae production and breeding
operations, the requirements
concerning different species and
varieties referred to in points (i)
and (ii) shall not apply.
1b. In the case referred to in
paragraph 1a, the operator shall
keep the organic production and
the products used for this organic
production separate from the
non-organic production and the
products used for the non organic
production. The operator shall
keep adequate records to show
the effective separation.
Amendment 122
Article 7 (2)
2.
In order to ensure the correct
2.
In order to ensure the
2. In order to ensure the correct application of
application of the general production
correct application of the general
the general production rules, the Commission
rules, the Commission shall be
production rules, the Commission shall be empowered to adopt delegated acts in
empowered to adopt delegated acts
shall be empowered to adopt
accordance with Article 36
, based on the
in accordance with Article 36
delegated acts in accordance with principles set out in Chapter II, laying down
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providing the criteria to which the
Article 36 providing the criteria
the criteria to which the
requirements for
environmental
management system
to which the environmental
environmental
performance measures taken in
referred to in point (d) of paragraph
management system referred to
organic operations as referred to in point (d) of
1
is to correspond. Those criteria
in point (d) of paragraph 1 is to
paragraph 1
are to correspond. Those criteria
shall take into account the
correspond. Those criteria shall
shall take into account the specificities of small
specificities of small
and medium
take into account the specificities
and
medium-sized enterprises.
size enterprises.
of small and medium size
enterprises The Commission
shall, by way of implementing
acts, lay down more specific rules
on the application of paragraphs
1a and 1b.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Amendment 123
Article 7 (a) (new)
Article 7a
Derogation from general production rules
1. By way of derogation from point (a) of
Article 7(1), a holding may be separated into
clearly distinct production units which are
either in compliance with this Regulation or
dedicated to non-organic production, provided
that:
(a) appropriate measures have been taken to
ensure the permanent separation of products
obtained from each unit concerned;
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(b) as regards livestock, different species are
involved and feed and stables are clearly
separated;
(c) as regards plants, cultivated land is clearly
separated, different crops and easily
distinguishable varieties are produced and
harvests are separately stored and processed;
(d) as regards aquaculture, production sites,
feed and species are clearly separated;
(e) as regards perennial crops which have
been cultivated over a period of at least three
years, varieties which cannot be easily
differentiated shall be accepted if they are
being produced under a conversion plan not
exceeding five years in duration and are
subject to specific control procedures.
In the case of research and educational
centres, nurseries, seed multipliers, hatcheries
for aquaculture and algae production and
breeding operations, the requirements
concerning different species and varieties
referred to in points (a) and (e) of the first
subparagraph shall not apply.
2. An agricultural holding or aquaculture
operation which includes organic and non-
organic units may establish a conversion plan
for the non-organic part of production to be
implemented within a period of time which
allows the holding to adapt to the
requirements of this Regulation.
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3. The derogation set out in paragraph 1 shall
not apply to units producing products which
are not covered by the scope of this
Regulation or products for which detailed
requirements have not yet been developed.
Article 8
Conversion
Commission proposal unchanged
Commission proposal unchanged
Amendment 124
Article 8 (1)
1.
Farmers and operators
1.
Farmers and operators
1. Farmers
, beekeepers and operators
producing
seaweed or aquaculture
producing
seaweed algae or
producing
algae or aquaculture animals shall
animals shall respect a conversion
aquaculture animals shall respect a
respect a conversion period.
Throughout the
period.
During the
whole conversion conversion period. During the
conversion period they shall apply
all rules on
period they shall apply
the rules on
whole conversion period they shall
organic production laid down in this Regulation
organic production laid down in this
apply the rules on organic
and, in particular, the specific rules on
Regulation and, in particular, the
production laid down in this
conversion set out in Annex II.
specific rules on conversion set out
Regulation and, in particular, the
in Annex II.
relevant specific rules on
conversion set out in Annex II.
Amendment 125
Article 8 (2) (1) (a) (new)
2.
The conversion period shall
2.
The conversion period shall
2. The conversion period shall start at the
start at the earliest when the farmer
start at the earliest when the farmer
earliest when the farmer or the operator
or the operator producing
seaweed
or the operator producing
seaweed
producing
algae or aquaculture animals has
or aquaculture animals has notified
algae or aquaculture animals has
subjected his holding to the certification and
his activity to the competent
notified his activity to the
control system and notified his activity to the
authorities in accordance with this
competent authorities
in
competent authorities in accordance with this
accordance as referred to in
Regulation.
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Regulation.
article 24(1) and his holding is
submitted to the organic
certification and control system. with this Regulation.
The competent authority may decide to
recognise retroactively as being part of the
conversion period any previous period during
which:
(a) the land parcels were subject to measures
specified in a programme implemented
pursuant to Regulation (EC) No 1305/2013,
or in any other official programme, provided
that the measures concerned ensure that
products not authorised for organic
production have not been used on those
parcels; or
(b) evidence can be provided by the operator
showing that, over a period of at least three
years, the parcels were either natural or
agricultural areas which were not treated with
products or substances not authorised for
organic production.
The conversion period may be reduced to one
year for pasture and open air areas used by
non-herbivore species. This period may be
reduced to six months where the land
concerned has not during the last year
received any treatment with products not
authorised for organic production.
(2a) By way of derogation from
2a
By way of derogation from
Commission proposal unchanged
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paragraph 2, in cases where the land
paragraph 2, in cases where the
has been left fallow before the
land has been left fallow before
notification referred to in Article
the notification referred to in
24(1) for at least the time period
Article 24(1) for at least the time
required for conversion and provided
period required for conversion
that other necessary requirements are
and provided that other
fulfilled, no conversion period shall
necessary requirements are
be necessary for this fallow land
fulfilled, no conversion period
shall be necessary for this fallow
land.
Amendment 126
Article 8 (3)
3.
No previous period may be
3.
No previous
retroactive
deleted
recognised retroactively as being
period may be
recognised
part of the conversion period.
retroactively as being part of the
conversion period
., except where:
(a) the land parcels were
subject of measures defined
in a programme
implemented pursuant to
Regulation (EU) No
1305/2013 provided that
these measures ensure that
products or substances not
authorised for organic
production have not been
used on those land parcels;
or
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(b) proof can be provided
by the operator that the
land parcels were natural
or agricultural areas which
were not treated with
products or substances not
authorised for organic
production for a period of
at least three years.
3a.
The operator shall keep the
organic products separate from
the in-conversion products and
shall keep adequate records to
show the effective separation.
Amendment 127
Article 8 (4)
4.
Products produced during the
4.
Products produced during the
4.
Animals and animal products produced
conversion period shall not be
conversion period shall not be
during the conversion period shall not be
marketed as organic.
marketed as organic.
marketed as organic.
Plant products harvested
12 months after the start of the conversion
period may be marked as conversion products,
provided that such products contain only one
crop ingredient of agricultural origin.
Products of plant origin
produced during the conversion
period and in compliance with
paragraph 1 may be marketed as
in-conversion products provided
a conversion period of at least 12
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months before the harvest has
been complied with and the
product contains only one crop
ingredient of agricultural origin.
Amendment 128
Article 8 (5)
5.
By way of derogation from
5.
By way of derogation from
deleted
Article 7(1)(a), during the
Article 7(1)(a), during the
conversion period, the agricultural
conversion period, the
holding may be split into clearly
agricultural holding may be split
separated units which are not all
into clearly separated units which
managed under organic production. are not all managed under
As regards livestock, different
organic production. As regards
species shall be involved in organic
livestock, different species shall
production during the conversion
be involved in organic production
period. As regards aquaculture, the during the conversion period. As
same species may be involved,
regards aquaculture, the same
provided that there is adequate
species may be involved, provided
separation between the production
that there is adequate separation
sites. As regards plants, different
between the production sites. As
varieties that can easily be
regards plants, different varieties
distinguished shall be involved in
that can easily be distinguished
organic production during the
shall be involved in organic
conversion period.
production during the conversion
period.
Amendment 129
Article 8 (6)
6.
In order to ensure quality,
6.
In order to ensure quality,
6. In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation as regards
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Regulation as regards organic
this Regulation as regards
organic production and adaptation to technical
production and adaptation to
organic production and
developments, the Commission shall be
technical developments, the
adaptation to technical
empowered to adopt delegated acts in
Commission shall be empowered to
developments, the Commission
accordance with Article 36 supplementing the
adopt delegated acts in accordance
shall be empowered to adopt
rules laid down in this Article or supplementing
with Article 36 supplementing the
delegated acts in accordance with the rules set out in Annex II as regards
rules laid down in this Article or
Article 36 supplementing the
conversion.
supplementing
and amending the
rules laid down in this Article or
rules set out in Annex II as regards
supplementing and amending the
conversion.
rules set out in Annex II as
regards conversion.
The Commission shall, where
appropriate, adopt implementing
acts laying down specific rules
regarding the documents to be
supplied in view of the
recognition of previous
retroactive period, as referred to
in Article 8.3 (a) and (b).
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Article 9
Prohibition of the use of GMOs
Commission proposal unchanged
Commission proposal unchanged
1.
GMOs and products produced
Commission proposal unchanged
Commission proposal unchanged
from or by GMOs shall not be used
in food or feed or as food, feed,
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processing aids, plant protection
products, fertilisers, soil
conditioners, plant reproductive
material, micro-organisms and
animals in organic production.
Amendment 130
Article 9 (2)
2.
For the purposes of paragraph
Commission proposal unchanged
2. For the purposes of
the prohibition laid
1, with regard to GMOs or products
down in paragraph 1, with regard to GMOs or
produced from or by GMOs for food
products produced from or by GMOs for food
and feed, operators
may rely on the
and feed, operators
shall rely on the labels of a
labels of a product or any other
product or any other accompanying document,
accompanying document, affixed or
affixed or provided pursuant to Directive
provided pursuant to Directive
2001/18/EC, Regulation (EC) No 1829/2003 of
2001/18/EC, Regulation (EC) No
the European Parliament and of the Council48
1829/2003 of the European
or Regulation (EC) No 1830/2003 of the
Parliament and of the Council
53 or
European Parliament and of the Council49.
Regulation (EC) No 1830/2003 of
the European Parliament and of the
Council
54.
3.
Operators may assume that no
Commission proposal unchanged
Commission proposal unchanged
GMOs or products produced from or
by GMOs have been used in the
manufacture of purchased food and
53
Regulation (EC) 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L
268, 18.10.2003, p. 1).
54
Regulation (EC) 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of
genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending
Directive 2001/18/EC (OJ L 268, 18.10.2003, p. 24).
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feed when such products are not
labelled, or accompanied by a
document, pursuant to the
Regulations referred to in paragraph
2, unless they have obtained other
information indicating that the
labelling of the products concerned
is not in conformity with those
Regulations.
3a.
For the purpose of the
prohibition referred to in
paragraph 1, with regard to
products not being food or feed,
or products produced by GMOs,
operators using such non-organic
products purchased from third
parties shall require the vendor
to confirm that the products
supplied have not been produced
from or by GMOs.
Amendment 131
Article 9 (3) (1) (a) (new)
For the purposes of the prohibition laid down
in paragraph 1, with regard to products which
are not food or feed, or products produced
from or by GMOs, operators using such non-
organic products purchased from third parties
shall require the vendor to confirm that the
products supplied have not been produced
from or by GMOs.
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Article 10
Plant production rules
Commission proposal unchanged
Commission proposal unchanged
Amendment 132
Article 10 (1)
1.
Operators producing plants or
1.
Operators producing plants or 1. Operators producing plants or plant products
plant products shall in particular
plant products shall in particular
shall in particular comply with the specific
comply with the specific production
comply with the
specific
production rules set out in Part I of Annex II
rules set out in Part I of Annex II.
production rules set out in Part I of
and with the specific implementing rules laid
Annex II
and with the specific
down in accordance with paragraph 4 of this
rules laid down in accordance
Article.
with paragraph 4 (a) and (c).
Amendment 133
Article 10 (2)
2.
Each Member State shall
2.
Each Member State shall
2. Each Member State shall ensure that a
ensure that a computerised database
ensure that a computerised database computerised database is established for
is established for listing
the varieties is established for listing the
indicative listing
of varieties
including seed
and heterogeneous material
,
varieties and
populations
potatoes and heterogeneous material,
such as
according to Regulation (EU) No
heterogeneous material,
populations or open pollinated varieties,
XX/XXX (PRM law) for which
plant according to Regulation (EU) No
meaning that they have not been obtained by
reproductive material obtained by
XX/XXX (PRM law) for which
controlled pollination of inbred lines for
the organic production method
is
plant reproductive material
,
which
seeds obtained by the organic production
available on its
territory.
excluding seedlings, obtained by
method
are available on its
national market.
the organic production method is
The organically bred varieties or
available on its territory.
heterogeneous material selected for their
ability to meet the specific aims and objectives
of organic farming shall be clearly identified
in the list.
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The databases shall be maintained by each
Member State and shall be made public by the
Commission. In order to ensure a timely
overview of the availability of plant
reproductive material suitable for organic
production at Union level, the Commission
shall be empowered to adopt delegated acts in
accordance with Article 36 laying down:
– the technical minimum requirements for
establishing the databases mentioned in this
paragraph,
– the content of the information to be
transmitted to the Commission by Member
States, as well as the technical details and
frequency of such procedure.
For heterogeneous material made available
for use in organic agriculture,
(a) Council Directive 66/401/EEC1a,
(b) Council Directive 66/402/EEC1b,
(c) Council Directive 68/193/EEC1c,
(d) Council Di rective 98/56/EC1d,
(e) Council Directive 1999/105/EC1e,
(d) Council Directive 2002/53/EC1f.
(e) Council Directive 2002/54/EC1g,
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(f) Council Directive 2002/55/EC1h,
(g) Council Directive 2002/56/EC1i,
(h) Council Directive 2002/57/EC1j,
(i) Council Directive 2008/72/EC1k, and
(j) Council Directive 2008/90/EC1l
shall not apply.
Amendment 134
Article 10 (3) - introductory part
3.
In order to ensure quality,
3.
In order to ensure quality,
3. In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic plant
this Regulation as regards
organic plant production and adaptation to
production and adaptation to
organic plant production and
technical developments, the Commission shall
technical developments, the
adaptation to technical
be empowered to adopt delegated acts in
Commission shall be empowered to
developments, the Commission
accordance with Article 36 supplementing the
adopt delegated acts in accordance
shall be empowered to adopt
specific plant production rules as regards:
with Article 36
amending or
delegated acts in accordance with
supplementing the specific plant
Article 36 amending or
production rules as regards:
supplementing the specific plant
production rules as regards:
Amendment 135
Article 10 (3) (a)
(a)
cultivation practices;
(a) cultivation practices;
deleted
Amendment 136
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Article 10 (3) (b)
(b)
soil management and
(b) soil management and
(b) soil management and fertilisation
, as laid
fertilisation;
fertilisation;
down in points 1.5.4 and 1.5.5 of Part I of
Annex II;
Amendment 137
Article 10 (3) (c)
(c)
plant health and
(c)
plant health and
(c) plant health and management of pests
,
management of pests
and
management of pests and
weeds and diseases, as laid down in point 1.6
weeds;
weeds;
of Part I of Annex II;
(d)
management of
(d) management of
Commission proposal unchanged
mushroom production and
mushroom production and
other specific plant and plant
other specific plant and
production systems;
plant production systems;
Amendment 138
Article 10 (3) (e)
(e)
the origin of plant
(e)
the origin of plant
deleted
reproductive material;
reproductive material;
Amendment 139
Article 10 (3) (f)
(f)
the collection of wild
(f)
the collection of wild
(f) the collection of wild plants
, as laid down in
plants.
plants.
point 2.2 of Part I of Annex II.
Amendment 140
Article 10 (4)
4.
The Commission shall adopt
4.
The Commission shall adopt
4. The Commission shall adopt implementing
implementing acts laying down the
acts laying down
:
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technical details for establishing the
implementing acts laying down
:
database referred to in paragraph 2.
Those implementing acts shall be
(a) requirements for
(a) the requirements for specific plants, plant
adopted in accordance with the
specific plants, plant
products or plant production systems;
examination procedure referred to in
products or plant
Article 37(2).
production systems;
(b) the technical details for
(b) the technical details for establishing the
establishing the database
database referred to in paragraph 2.
referred to in paragraph 2
;
(c)
the conditions for the
(c) the conditions for the implementation of
implementation of point
point 1.4.2 of Part I of Annex II.
1.4.2 of Part. I of Annex II,
including the list of
varieties or species for
which point 1.4.2.1 cannot
be applied.
Those implementing acts shall be
Those implementing acts shall be adopted in
adopted in accordance with the
accordance with the examination procedure
examination procedure referred to
referred to in Article 37(2).
in Article 37(2).
Article 11
Livestock production rules
Commission proposal unchanged
Commission proposal unchanged
Amendment 141
Article 11 (1)
1.
Livestock operators shall in
1.
Livestock operators shall in
1. Livestock operators shall in particular
particular comply with the
specific
particular comply with the
specific
comply with the production rules set out in Part
production rules set out in Part II of
production rules set out in Part II of II of Annex II.
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Annex II.
Annex II
and with the specific
rules laid down in accordance
with paragraphs 2a, 2b and 2c.
Amendment 142
Article 11 (1) (a) (new)
1a. By 1 July 2017 the Commission shall
present to the European Parliament and to the
Council a report on new species-specific rules
to be incorporated into this Regulation. Those
rules must be designed to meet all
physiological and behavioural needs of the
species concerned.
The use of cages shall not be permitted for
any vertebrate species except fish.
Amendment 143
Article 11 (2) - introductory part
2.
In order to ensure quality,
2.
In order to ensure quality,
2. In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic
this Regulation as regards
organic livestock production and adaptation to
livestock production and adaptation
organic livestock production and
technical developments, the Commission shall
to technical developments, the
adaptation to technical
be empowered to adopt delegated acts in
Commission shall be empowered to
developments, the Commission
accordance with Article 36 supplementing the
adopt delegated acts in accordance
shall be empowered to adopt
specific livestock production rules as regards:
with Article 36
amending or
delegated acts in accordance with
supplementing the specific livestock
Article 36 amending or
production rules as regards:
supplementing the specific
livestock production rules as
regards:
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Amendment 144
Article 11 (2) (a)
(a)
the origin of animals;
(a) the origin of animals
deleted
Amendment 145
Article 11 (2) (b)
(b)
livestock housing,
(b) livestock housing,
deleted
including minimum surface
including minimum surface
areas indoors and outdoors
areas indoors and outdoors
and the maximum number of
and the maximum number
animals per hectare;
of animals per hectare;
Amendment 146
Article 11 (2) (c)
(c)
husbandry practices;
(c)
husbandry practices ;
deleted
Amendment 147
Article 11 (2) (d)
(d)
breeding;
(d) breeding;
deleted
Amendment 148
Article 11 (2) (e)
(e)
feed and feeding;
(e)
feed and feeding;
(e)
nutrition, as laid down in points 2.1.2,
2.2.2, 2.3.2, 2.4.3 and 2.5.3 of Part II of
Annex II;
Amendment 149
Article 11 (2) (f)
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(f) disease prevention and
(f)
disease prevention and (f) disease prevention and veterinary treatment
,
veterinary treatment.
veterinary treatment.
as laid down in point 2.5.4 of Part II of Annex
II.
2a.
The Commission shall
adopt implementing acts laying
down specific rules on nutrition
requirements, housing conditions,
stocking density, disease
prevention, veterinary
treatments, animal welfare and
husbandry practices for the
following specific livestock
species:
(a) bovine, ovine and
caprine animal;
(b) equine animal;
(c)
porcine animal;
(d) poultry;
(e)
bees;
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
2b. The Commission may adopt
implementing acts laying down
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specific rules on nutrition
requirements, housing conditions,
stocking density, disease
prevention, veterinary
treatments, animal welfare,
husbandry practices and
conversion periods for livestock
species other than those referred
to in paragraph 2a.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
2c.
The Commission shall,
where appropriate, adopt
implementing acts laying down
specific rules on the application
of point 1.3.5. of Part II of Annex
II.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Amendment 150
Article 11 (2) (1) (a) (new)
Those delegated acts shall cover the following
species:
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(a) bovine, ovine and caprine animals;
(b) equine animals;
(c) porcine animals;
(d) poultry;
(e) bees.
Article 12
Amendment 151
Article 12 - title
Production rules for
seaweed and
Production rules for
algae and aquaculture
aquaculture animals
Production rules for seaweed
animals
algae and aquaculture animals
Amendment 152
Article 12 (1)
1.
Operators producing
seaweed
1.
Operators producing
seaweed 1. Operators producing
algae and aquaculture
and aquaculture animals shall in
algae and aquaculture animals shall animals shall in particular comply with the
particular comply with the
specific
in particular comply with the
production rules set out in Part III of Annex II
production rules set out in Part III of
specific production rules set out in
and with the specific rules laid down in
Annex II.
Part III of Annex II
and with the
accordance with paragraph 3a of this Article.
specific rules laid down in
accordance with paragraph 3a.
Amendment 153
Article 12 (2) - introductory part
2.
In order to ensure quality,
2.
In order to ensure quality,
2. In order to ensure quality, traceability and
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traceability and compliance with this
traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic
this Regulation as regards
organic
algae production and adaptation to
seaweed production and adaptation
organic seaweed production and
technical developments, the Commission shall
to technical developments, the
adaptation to technical
be empowered to adopt delegated acts in
Commission shall be empowered to
developments, the Commission
accordance with Article 36 supplementing the
adopt delegated acts in accordance
shall be empowered to adopt
specific
algae production rules as regards:
with Article 36
amending or
delegated acts in accordance with
supplementing the specific
seaweed
Article 36 amending or
production rules as regards:
supplementing the specific
seaweed production rules as
regards:
Amendment 154
Article 2 (a)
(a)
the suitability of the
(a) the suitability of the
deleted
aquatic medium and the
aquatic medium and the
sustainable management
sustainable management
plan;
plan;
(b)
the harvesting of wild
(b) the harvesting of wild
Commission proposal unchanged
seaweed;
seaweed;
Amendment 155
Article 12 (2) (c)
(c)
seaweed cultivation;
(c)
seaweed cultivation;
(c)
algae cultivation
, including for different
species of algae;
(d) antifouling measures and
(d) antifouling measures
Commission proposal unchanged
cleaning of production
and cleaning of production
equipment and facilities.
equipment and facilities.
Amendment 156
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Article 12 (3) - introductory part
3.
In order to ensure quality,
3.
In order to ensure quality,
3. In order to ensure quality, traceability and
traceability and compliance with this traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic
this Regulation as regards organic
organic aquaculture animals production and
aquaculture animals production and
aquaculture animals production and adaptation to technical developments, the
adaptation to technical
adaptation to technical
Commission shall be empowered to adopt
developments, the Commission shall developments, the Commission
delegated acts in accordance with Article 36
be empowered to adopt delegated
shall be empowered to adopt
supplementing the specific production rules for
acts in accordance with Article 36
delegated acts in accordance with
aquaculture animals
, including for specific
amending or supplementing the
Article 36
amending or
aquaculture species, as regards:
specific production rules for
supplementing the
specific
aquaculture animals as regards:
production rules for aquaculture
animals as regards
:
Amendment 157
Article 12 (3) (a)
(a)
the suitability of the
(a) the suitability of the
deleted
aquatic medium and the
aquatic medium and the
sustainable management
sustainable management
plan;
plan;
Amendment 158
Article 12 (3) (b)
(b)
the origin of aquaculture
(b) the origin of
(b) the origin of aquaculture animals
for each
animals;
aquaculture animals;
particular species, as laid down in point 4.1.2
of Part III of Annex II;
Amendment 159
Article 12 (3) (c)
(c)
aquaculture husbandry
,
(c)
aquaculture
(c)
housing conditions and husbandry
practices, as laid down in points 4.1.5 and
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Commission proposals
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including aquatic
husbandry, including
4.2.2 of Part III of Annex II;
containment systems,
aquatic containment
production systems, maximum
systems, production
stocking density and, where
systems, maximum stocking
appropriate, minimum
density and, where
stocking density;
appropriate, minimum
stocking density;
Amendment 160
Article 12 (3) (d)
(d)
breeding;
(d) breeding;
deleted
Amendment 161
Article 12 (3) (e)
(e)
management of
(e)
management of
(e) management of
molluscs, as laid down in
aquaculture animals;
aquaculture animals;
point 4.2.4 of Part III of Annex II;
Amendment 162
Article 12 (3) (f)
(f)
feed and feeding;
(f)
feed and feeding;
(f) feed and feeding
, as laid down in points
4.1.3.3 and 4.1.3.4 of Part III of Annex II;
Amendment 163
Article 12 (3) (g)
(g) disease prevention and
(g) disease prevention and
(g) disease prevention and veterinary
veterinary
treatment.
veterinary treatment
as
treatments, as laid down in point 4.1.4 of Part
referred to in points. 4.1.4.1 III of Annex II.
and 4.1.4.2 of Part III of
Annex II.
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Commission proposals
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3a.
The Commission shall
adopt implementing acts laying
down specific rules on:
(a) algae cultivation and
sustainable harvesting of
wild algaes;
(b) origin of seed,
nutrition requirements,
housing conditions,
stocking density, disease
prevention, veterinary
treatments, animal welfare
and husbandry practices
for the different species of
aquaculture animals.
(c)
the conditions for the
implementation of point
4.1.2.1 (db) of part III of
Annex II.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Amendment 164
Article 12 (3) (a) (new)
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3a. The Commission shall adopt implementing
acts laying down specific rules on the
conditions for the implementation of the
database referred to in point 4.1.2.1 of Part
III of Annex II.
Those implementing acts shall be adopted in
accordance with the examination procedure
referred to in Article 37(2).
Article 13
Amendment 165
Article 13 - title
Production rules for processed
food
Commission proposal unchanged
Production rules for processed feed
and feed
Amendment 166
Article 13 (1)
1.
Operators producing processed 1.
Operators producing
1. Operators producing processed feed shall
food and feed shall
in particular
processed food and feed shall in
comply with the production rules set out in Part
comply with the
specific production
particular comply with the
specific
IV of Annex II.
rules set out in Part IV of Annex II.
production rules set out in Part IV
of Annex II.
Amendment 167
Article 13 (2) - introductory part
2.
In order to ensure quality,
2.
In order to ensure quality,
2. In order to ensure quality, traceability and
traceability and compliance with this traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic
this Regulation as regards organic
organic processed feed production and
processed
food and feed production
processed food
and feed
adaptation to technical developments, the
and adaptation to technical
production and adaptation to
Commission shall be empowered to adopt
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Commission proposals
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developments, the Commission shall technical developments, the
delegated acts in accordance with Article 36
be empowered to adopt delegated
Commission shall be empowered to supplementing the specific production rules for
acts in accordance with Article 36
adopt delegated acts in accordance
processed feed as regards:
amending or supplementing the
with Article 36 amending or
specific production rules for
supplementing the
specific
processed
food and feed as regards:
production rules for processed food
and feed as regards
:
Amendment 168
Article 13 (2) (a)
(a)
procedures to be
(a) procedures to be
deleted
followed;
followed;
Amendment 169
Article 13 (2) (b)
(b)
preventive measures to
(b) preventive measures
(b)
precautionary and preventive measures to
be taken;
to be taken;
be taken;
Amendment 170
Article 13 (2) (c)
(c)
the composition and
(c)
the
type, composition
deleted
conditions of use of processed
and conditions of use of
food and feed, including
processed food and feed,
products and substances
including products and
allowed for use in processed
substances allowed for use in
food and feed;
processed food
and feed as
laid down in points 2.2.2 of
Part IV of Annex II;
Amendment 171
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Commission proposals
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Article 13 (2) (d)
(d)
cleaning measures;
(d) cleaning measures;
deleted
Amendment 172
Article 13 (2) (e)
(e)
the placing on the
(e)
the placing on the
deleted
market of processed products
market of processed
including their labelling and
products including their
identification;
labelling and identification;
Amendment 173
Article 13 (2) (f)
(f)
separation of organic
(f)
separation of organic
deleted
products, agricultural
products, agricultural
ingredients and feed materials
ingredients and feed
from non-organic products,
materials from non-organic
agricultural ingredients and
products, agricultural
feed materials;
ingredients and feed
materials;
Amendment 174
Article 13 (2) (g)
(g)
the list of non-organic
(g) the list, of non-
deleted
agricultural ingredients
organic agricultural
which may exceptionally be
ingredients which may
used for the production of
exceptionally be used for
organic processed products;
the production of organic
processed products;
Amendment 175
154
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COMAGRI Vote
Article 13 (2) (h)
(h) calculation of the
(h) calculation of the
deleted
percentage of agricultural
percentage of agricultural
ingredients referred to in
ingredients referred to in
Article 21(3)(a)(ii) and (b);
Article 21(3)(a)(ii) and (b);
Amendment 176
Article 13 (2) (i)
(i)
techniques used in
food
(i)
techniques used in
(i) techniques used in feed processing.
or feed processing.
food or feed processing.
2a.
In order to ensure quality,
traceability and compliance with
this Regulation as regards
organic processed feed
production and adaptation to
technical developments, the
Commission shall be empowered
to adopt delegated acts in
accordance with Article 36
supplementing the production
rules for processed feed as
regards products other than
those referred to in points 3.2a
and 3.2b of Part IV of Annex II.
2b. The Commission may adopt
implementing acts laying down
specific rules concerning the
production methods and the
techniques authorised in the
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processing of specific food or feed
products.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Amendment 177
Article 13 (a) (new)
Article 13a
Production rules for processed food
1. Operators producing processed food shall
comply with the production rules set out in
Part IV of Annex II.
2. In addition to the general production rules
laid down in Article 7, the following rules
shall apply to operators producing processed
food:
(a) the preparation of processed organic food
shall be kept separate in time or space from
that of non-organic food;
(b) the following conditions shall apply to the
composition of organic processed food:
(i) the product shall be produced mainly from
ingredients of agricultural origin; for the
purposes of determining whether a product is
produced mainly from ingredients of
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agricultural origin, added water and cooking
salt shall not be taken into account;
(ii) only additives, processing aids,
flavourings, water, salt, preparations of
micro-organisms and enzymes, minerals, trace
elements, vitamins, and amino acids and other
micronutrients may be used, and only in so
far as they have been authorised for use in
organic production in accordance with Article
19;
(iii) non-organic agricultural ingredients may
only be used if they have been authorised for
use by a Member State;
(iv) an organic ingredient shall not be present
together with the same ingredient in non-
organic form or an ingredient in conversion;
(v) food produced from in-conversion crops
shall contain only one crop ingredient of
agricultural origin.
3. In order to ensure quality, traceability and
compliance with this Regulation as regards
organic processed food production and
adaptation to technical developments, the
Commission shall be empowered to adopt
delegated acts in accordance with Article 36
supplementing the specific production rules
for processed food as regards:
(a) precautionary and preventive measures to
be taken;
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(b) the composition and conditions of use of
products and substances allowed for use in
processed food, as laid down in point 2.2.2 of
Part IV of Annex II;
(c) the procedure for the authorisation of non-
organic agricultural ingredients which may
exceptionally be used for the production of
organic processed products;
(d) the rules for the calculation of the
percentage of agricultural ingredients
referred to in points (a)(i) and (b) of Article
21(3), as laid down in point 2.2.3 of Part IV of
Annex II;
(e) techniques used in food processing.
Article 14
Production rules for wine
Commission proposal unchanged
Commission proposal unchanged
1.
Operators producing products
1.
Operators producing products Commission proposal unchanged
of the wine sector shall in particular
of the wine sector shall in particular
comply with the specific production
comply with the
specific
rules set out in Part V of Annex II.
production rules set out in Part V of
Annex II.
Amendment 178
Article 14 (2)
2.
In order to ensure quality,
2.
In order to ensure quality,
2. In order to ensure quality, traceability and
traceability and compliance with this
traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic wine
this Regulation as regards
organic wine production and adaptation to
production and adaptation to
organic wine production and
technical developments, the Commission shall
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technical developments, the
adaptation to technical
be empowered to adopt delegated acts in
Commission shall be empowered to
developments, the Commission
accordance with Article 36 supplementing the
adopt delegated acts in accordance
shall be empowered to adopt
specific wine production rules as regards
with Article 36
amending or
delegated acts in accordance with oenological practices and restrictions
, as laid
supplementing the specific wine
Article 36 amending or
down in points 3.2, 3.3, 3.4 and 3.5 of Part V
production rules as regards
supplementing the specific wine
of Annex II.
oenological practices and
production rules as regards
restrictions.
oenological practices and
restrictions.
Amongst the oenological
practices, processes and
treatments provided for in
Regulations (EU) No.1308/2013
and 606/2009, the Commission
shall by way of implementing
acts, identify:
-
the oenological
practices, processes and
treatments prohibited in
the production of products
of the wine sector;
-
the oenological
practices, processes and
treatments permitted in the
production of products of
the wine sector, and the
conditions of and
restrictions to their use.
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Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Article 15
Production rules for yeast used as
Commission proposal unchanged
Commission proposal unchanged
food or feed
1.
Operators producing yeast to
1.
Operators producing yeast to
Commission proposal unchanged
be used as food or feed shall in
be used as food or feed shall in
particular comply with the specific
particular comply with the
specific
production rules set out in Part VI of production rules set out in Part VI
Annex II.
of Annex II.
Amendment 179
Article 15 (2)
2.
In order to ensure quality,
2.
In order to ensure quality,
2. In order to ensure quality, traceability and
traceability and compliance with this traceability and compliance with
compliance with this Regulation as regards
Regulation as regards organic yeast
this Regulation as regards organic
organic yeast production and adaptation to
production and adaptation to
yeast production and adaptation to
technical developments, the Commission shall
technical developments, the
technical developments, the
be empowered to adopt delegated acts in
Commission shall be empowered to
Commission shall be empowered to accordance with Article 36 supplementing the
adopt delegated acts in accordance
adopt delegated acts in accordance
specific yeast production rules
, as
laid down in
with Article 36
amending or
with Article 36
amending or
point 1.3 of Part VI of Annex II.
supplementing the specific yeast
supplementing the
specific yeast
production rules as
regards the
production rules
for yeast as
processing and the substrates used.
regards the processing and the
substrates used
under point 1.3 of
Part VI of Annex II.
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Article 16
Production rules for other
Commission proposal unchanged
products
Absence of specific pProduction
rules for other products
Amendment 180
Article 16
In order to take account of any
In order to take account of any
Where this Regulation does not lay down
future need to have specific
future need to have specific
detailed production rules for certain animal
production rules
for products other
production rules for products
species, certain aquatic plants and certain
than those referred to in Articles 10 other than those referred to in
micro algae, national rules or, in the absence
to 15, and in order to ensure
Articles 10 to 15, and in order to
thereof, private standards recognised by the
quality, traceability and compliance ensure quality, traceability and
Member States shall apply pending the
with this Regulation as regards
compliance with this Regulation
inclusion of detailed production rules in this
organic production of those
as regards organic production of
Regulation. Such national rules or private
additional other products and
those additional other products
standards shall be notified to the Commission.
adaptation to technical
and adaptation to technical
The rules laid down in Chapter IV in respect
developments, the Commission
developments, the Commission
of labelling, and in Chapter V in respect of
shall be empowered to adopt
shall be empowered to adopt
controls and certification, shall apply
delegated acts in accordance with
delegated acts in accordance with accordingly.
Article 36 amending or
Article 36 amending or
supplementing Annex II with
supplementing Annex II with
regard to specific production rules
regard to specific production
for those products.
rules for those products.
1.
In the absence of specific
production rules for plants,
livestock, algae and aquaculture
animals, operators shall comply
with the principles laid down in
Articles 4 to 6, with the general
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production rules laid down in
Articles 7 to 9 and with the
relevant requirements laid down
in Parts I to III of Annex II.
Until the implementing acts
referred to in Article 10.4(a),
Article 11.2b and Article 12.3a
are adopted, Member States may
apply national rules provided
that these rules comply with this
Regulation and in particular with
Article 32. Notably, Member
States shall not prohibit or
restrict the marketing of organic
products produced outside the
territory of the Member State
concerned.
2.
In the absence of
production rules for products
listed in Annex I to TFEU or in
Annex I to this Regulation not
falling within the categories
referred in Articles 10 to 15,
operators shall comply with the
principles laid down in Articles 4
and 5, and mutatis mutandis with
the principles in Article 6 and
with the general production rules
laid down in Articles 7 to 9.
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Taking into account the future
need to have specific production
rules for the purpose of achieving
fair competition, a proper
functioning of the internal
market and consumer confidence
in organic production, the
Commission shall be empowered
to adopt delegated acts, in
accordance with Article 36,
laying down production rules for
products listed in Annex I to
TFEU or in Annex I to this
Regulation not falling within the
categories referred to in Articles
10 to 15. Those delegated acts
have to be based on the principles
of organic production laid down
in Articles 4 to 6 and have to take
into account general production
rules laid down in Articles 7 to 9
and existing specific rules set out
for similar products. They shall
lay down general and specific
requirements, concerning in
particular allowed or prohibited
treatments, practices, inputs or
conversion.
Until those delegated acts are
adopted, Member States may
apply national rules to the
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products referred to in the first
subparagraph, provided that
these rules comply with this
Regulation and in particular with
Article 32. Notably, Member
States shall not prohibit or
restrict the marketing of organic
products produced outside the
territory of the Member State
concerned.
Article 17
Adoption of exceptional
Commission proposal unchanged
Commission proposal unchanged
production rules
Amendment 181
Article 17
In order to allow organic production
1.
In order To allow organic
1. In order to allow organic production to
to continue or recommence in the
production to continue or
continue or recommence in the event of
event of
catastrophic circumstances
recommence in the event of
circumstances
resulting from an adverse
and subject to the principles laid
catastrophic circumstances
climatic event, an animal pandemic, a plant
down in Chapter II, the
deriving from an ‘adverse
disease or pest, an environmental incident or
Commission shall be empowered to
climatic event’, animal disease,
a natural disaster, competent authorities may
adopt delegated acts in accordance
an ‘environmental incident’, a
grant individual authorisations for exceptions,
with Article 36 providing for the
‘natural disaster’ or a
subject to the following:
criteria to qualify such situations as ‘catastrophic event’ as defined
catastrophic and laying down
respectively in points (h), (i), (j),
specific rules on how to deal with
(k) and (l) of Article 2(1) of
them, on monitoring and on
Regulation (EU) No 1305/2013
reporting requirements.
and subject to the principles laid
down in Chapter II, the
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Commission
shall be empowered
to adopt
delegated implementing
acts
in accordance with Article 36
providing for the criteria to
qualify such situations as
catastrophic and laying down
specific rules on how to deal with
them such situations,
and on
monitoring and
on reporting
requirements.
Those implementing
acts shall provide exceptions to
the productions rules set out in
this Regulation, for a limited
period of time.
(a) derogations from the production rules laid
down in this Chapter shall be subject to the
principles laid down in Chapter II;
(b) derogations as referred to in point (a) shall
be kept to a minimum and, where appropriate,
limited in time, and may only be provided for
in the following cases:
(i) where they are necessary in order to ensure
that organic production can be initiated or
maintained on holdings confronted with
climatic, geographical or structural
constraints;
(ii) where they are necessary in order to
ensure access to feed, seed and vegetative
propagating material, live animals and other
farm inputs, in circumstances where such
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inputs are not available on the market in
organic form;
(iii) where they are necessary in order to
ensure access to ingredients of agricultural
origin, in circumstances where such
ingredients are not available on the market in
organic form;
(iv) where they are necessary in order to solve
specific problems related to the management
of organic livestock;
(e) where temporary measures are necessary
in order to allow organic production to
continue or recommence in the case of
catastrophic circumstances.
2. The Commission shall be empowered to
adopt delegated acts in accordance with
Article 36 laying down the criteria according
to which situations are to be categorised as
situations requiring exceptional production
rules and rules on how to deal with them, as
well as rules on monitoring and on reporting
requirements, taking into account expertise
from the organic sector.
3. The competent authorities of the Member
States shall be responsible for authorising
exceptions on a case-by-case basis.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
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Commission proposals
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to in Article 37(2).
2.
In cases where the Member
State has formally recognised an
event as a natural disaster as
defined in point (k) of Article 2(1)
of Regulation (EU) No 1305/2013
and this event makes it
impossible to respect production
rules laid down in this
Regulation, Member States may
take measures, subject to the
principles laid down in Chapter
II, that grant exceptions to these
production rules for a limited
period of time and until organic
production can be re-established.
Article 18
Collection, packaging, transport
Commission proposal unchanged
Commission proposal unchanged
and storage
1.
Organic products shall be
Commission proposal unchanged
Commission proposal unchanged
collected, packaged, transported and
stored in accordance with the rules
set out in Annex III.
Amendment 182
Article 18 (2)
2.
In order to ensure the integrity
2.
In order to ensure the
2. In order to ensure the integrity of organic
of organic production and adaptation integrity of organic production and
production and adaptation to technical
developments, the Commission shall be
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to technical developments, the
adaptation to technical
empowered to adopt delegated acts in
Commission shall be empowered to
developments, the Commission
accordance with Article 36 supplementing the
adopt delegated acts in accordance
shall be empowered to adopt
rules set out in
points 2, 3, 4 and 6 of Annex
with Article 36
amending or
delegated acts in accordance with
III.
supplementing the rules set out in
Article 36 amending or
Annex III.
supplementing the rules set out in
points 2, 3 and 4 of Annex III.
Article 19
Authorisation of products and
Commission proposal unchanged
Commission proposal unchanged
substances used in organic
production
1.
The Commission may
1.
The Commission
may shall
Commission proposal unchanged
authorise certain products and
authorise certain products and
substances for use in organic
substances for use in organic
production and include them in
production and include them in
restricted lists, for the following
restricted lists, for the following
purposes:
purposes:
Amendment 183
Article 19 (1) (1) (a)
(a)
as plant protection
Commission proposal unchanged
(a) as plant protection products
throughout the
products;
European Union or in one or more of the
zones defined in Annex I to Regulation (EC)
No 1107/2009;
(b)
as fertilisers, soil
Commission proposal unchanged
Commission proposal unchanged
conditioners and nutrients;
(c)
as feed materials;
(c)
as feed materials
,
Commission proposal unchanged
including non-organic feed
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material of plant or animal
origin, or feed material of
mineral origin;
(d)
as feed additives and
Commission proposal unchanged
Commission proposal unchanged
processing aids;
Amendment 184
Article 19 (1) (1) (d) (a)
(da) as substances for use for the purposes of
animal health other than those mentioned
under points (d) and (e);
(e)
as products for cleaning
Commission proposal unchanged
Commission proposal unchanged
and disinfection of ponds,
cages, tanks, raceways,
buildings and installations
used for animal production;
(f)
as products for cleaning
Commission proposal unchanged
Commission proposal unchanged
and disinfection of buildings
and installations used for plant
production, including storage
on an agricultural holding.
Amendment 185
Article 19 (1) (1) (f) (a) (new)
(fa) as non-therapeutic medicines and
products which contribute to animal health
and animal welfare.
Amendment 186
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Commission proposals
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Article 19 (1) (2) - introductory part
In particular, the Commission
1a.
In
particular addition, the
In particular, the Commission
shall authorise
may authorise certain products Commission may authorise certain
certain products and substances for use in the
and substances for use in the
products and substances for use in
production of organic processed food and
production of organic
the production of
organic
include them in restricted lists, for the
processed food and include
processed
organic food
and of
following purposes:
them in restricted lists, for the
yeast used as food or feed and
following purposes:
include them in restricted lists, for
the following purposes:
Amendment 187
Article 19 (1) (2) (a)
(a)
as food additives, food
Commission proposal unchanged
(a) as food additives, food enzymes
, processing
enzymes
and processing aids;
aids
, flavours, preparations of micro-
organisms, minerals, trace elements, vitamins,
amino acids and micro-nutrients;
(aa) as non-organic
agricultural ingredients to
be used for the production
of organic processed food;
(b)
as processing aids for the Commission proposal unchanged
Commission proposal unchanged
production of yeast and yeast
products.
Amendment 188
Article 19 (1) (2) (b) (a) (new)
(ba) as products and substances for
oenological practices;
Amendment 189
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Article 19 (1) (2) (b) (b) (new)
(bb) as products for cleaning and disinfection
in processing and storage facilities.
2.
The authorisation of the
2.
The authorisation of the
Commission proposal unchanged
products and substances referred to
products and substances referred to
in the first subparagraph of
in
the first subparagraph of
paragraph 1 for use in organic
paragraph 1 for use in organic
production shall be subject to the
production shall be subject to the
principles laid down in Chapter II
principles laid down in Chapter II
and to the following criteria which
and to the following criteria which
shall be evaluated as a whole:
shall be evaluated as a whole:
(a)
their use is necessary for
Commission proposal unchanged
Commission proposal unchanged
sustained production and
essential for its intended use;
(b)
all products and
Commission proposal unchanged
Commission proposal unchanged
substances are of plant,
animal, microbial or mineral
origin, except where products
or substances from such
sources are not available in
sufficient quantities or
qualities or if alternatives are
not available;
(c)
in the case of products
(c)
in the case of products
Commission proposal unchanged
referred to in point (a) of the
referred to in point (a) of
the
first subparagraph of
first subparagraph of
paragraph 1, the following
paragraph 1, the following
shall apply:
shall apply:
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(i)
their use is
Commission proposal unchanged
Commission proposal unchanged
essential for the control of
a pest for which other
biological, physical or
breeding alternatives or
cultivation practices or
other effective
management practices are
not available;
(ii)
if products are not
Commission proposal unchanged
Commission proposal unchanged
of plant, animal, microbial
or mineral origin and are
not identical to their
natural form, they may be
authorised only if their
conditions for use
preclude any direct
contact with the edible
parts of the crop;
Amendment 190
Article 19 (2) (1) (c) (ii) (a) (new)
(iia) zonal authorisation of products is
possible only if, through a reduction in the
use of other products and substances, a
positive ecological effect can be achieved and,
otherwise, an unacceptable deterioration in
traditionally organic-quality crops in the zone
concerned is likely;
(d)
in the case of products
(d) in the case of products
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Commission proposals
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referred to in point (b) of the
referred to in point (b) of
the
first subparagraph of
first subparagraph of
paragraph 1, their use is
paragraph 1, their use is
essential for obtaining or
essential for obtaining or
maintaining the fertility of the
maintaining the fertility of
soil or to fulfil specific
the soil or to fulfil specific
nutrition requirements of
nutrition requirements of
crops, or for specific soil-
crops, or for specific soil-
conditioning purposes
conditioning purposes;
Amendment 191
Article 19 (2) (1) (e) - introductory
part
(e)
in the case of products
(e)
in the case of products
(e) in the case of products referred to in points
referred to in points (c)
and (d)
referred to in points (c) and
(c)
, (d) and (
da) of the first subparagraph of
of the first subparagraph of
(d) of
the first
paragraph 1, the following shall apply:
paragraph 1, the following
subparagraph of paragraph
shall apply:
1, the following shall apply:
(i)
their use is
Commission proposal unchanged
Commission proposal unchanged
necessary to maintain
animal health, animal
welfare and vitality and
contribute to an
appropriate diet fulfilling
the physiological and
behavioral needs of the
species concerned or their
use is necessary to
produce or preserve feed
because the production or
preservation of feed is not
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possible without having
recourse to such
substances;
(ii)
feed of mineral
Commission proposal unchanged
Commission proposal unchanged
origin, trace elements,
vitamins or provitamins
shall be of natural origin,
except where products or
substances from such
sources are not available
in sufficient quantities or
qualities or if alternatives
are not available.
(iia)
the use of non-
organic feed material of
plant or animal origin
may be authorised only
when feed material of
plant or animal origin
produced in accordance
with organic production
rules is not available in
sufficient quantity.
The authorisation of the products
2a. The authorisation of the
Commission proposal unchanged
and substances referred to in the
products and substances referred to
second subparagraph of paragraph 1
in
the second subparagraph of
for use in the production of organic
paragraph 1
a for use in the
processed food shall be subject to
production of
organic processed
the principles laid down in Chapter
organic food
and of yeast used as
II and to the following criteria which
food or feed shall be subject to the
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shall be evaluated as a whole:
principles laid down in Chapter II
and to the following criteria which
shall be evaluated as a whole:
Amendment 192
Article 19 (2) (2) (a)
(a)
alternatives authorised
Commission proposal unchanged
(a)
alternative substances authorised in
in accordance with this Article
accordance with this Article
or technologies
are not available;
compliant with this Regulation are not
available;
(b)
it would be impossible to Commission proposal unchanged
Commission proposal unchanged
produce or preserve the food
or to fulfil given dietary
requirements provided for on
the basis of the Union
legislation, without having
recourse to those products and
substances;
(c)
they are to be found in
(c)
they are to be found in
Commission proposal unchanged
nature and may have
nature and may have
undergone only mechanical,
undergone only mechanical,
physical, biological, enzymatic
physical, biological,
or microbial processes, except
enzymatic or microbial
where products and substances
processes, except where
from such sources are not
products and substances from
available in sufficient
such sources are not available
quantities or qualities.
in sufficient quantities or
qualities
.;
(ca) the organic ingredient
is not available in sufficient
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quantity.
Amendment 193
Article 19 (2) (3)
The authorisation of
the use of
2b
The authorisation of the use
The authorisation of
products and substances
chemically synthesised products or
of chemically synthesised products
not covered by point (f) of Article 4 shall be
substances shall be strictly limited
or substances
referred to in
strictly limited to cases where the use of
to cases where the use of external
paragraphs 1 and 1a shall be
external inputs referred to in
point (f) of Article
inputs referred to in Article 4
(f)
strictly limited to cases where the
4 would contribute to unacceptable impacts
on
would contribute to unacceptable
use of external inputs referred to in
the environment, animal or human health or
environmental impacts.
Article 4(f) would contribute to
product quality.
unacceptable environmental
impacts.
3.
In order to ensure quality,
3.
In order to ensure quality,
Commission proposal unchanged
traceability and compliance with this traceability and compliance with
Regulation as regards organic
this Regulation as regards organic
production in general and the
production in general and the
production of processed organic
production of processed organic
food in particular, and adaptation to
food in particular, and adaptation to
technical developments, the
technical developments, the
Commission shall be empowered to
Commission shall be empowered to
adopt delegated acts in accordance
adopt delegated acts in accordance
with Article 36 providing for
with Article 36 providing for
additional criteria for the
additional criteria
additional to
authorisation or withdrawal of the
those referred to in paragraphs 2
authorisation of products and
and 2a for the authorisation or
substances referred to in paragraph 1 withdrawal of the authorisation of
for use in organic production in
products and substances referred to
general and in the production of
in paragraph
s 1
and 1a for use in
organic processed food in particular,
organic production in general and
and other requirements and
in the production of
organic
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conditions for the use of such
processed
organic food in
authorised products and substances.
particular
, and other requirements
and conditions for the use of such
authorised products and
substances.
4.
Where a Member State
4.
Where a Member State
considers that a product or substance considers that a product or
should be added to, or withdrawn
substance should be added to, or
from the lists of authorised products
withdrawn from the lists of
and substances referred to in
authorised products and substances
paragraph 1, or that the
referred to in paragraph
s 1
and 1a,
specifications of use mentioned in
or that the specifications of use
the production rules should be
mentioned in the production rules
amended, the Member State
should be amended, the Member
concerned shall ensure that a dossier
State concerned shall ensure that a
giving the reasons for the inclusion,
dossier giving the reasons for the
withdrawal or amendments is sent
inclusion, withdrawal or
officially to the Commission and to
amendments is sent officially to the
the other Member States.
Commission and to the other
Member States.
Amendment 194
Article 19 (4) (2)
Requests for amendment or
Requests for amendment or
The dossier in respect of amendment or
withdrawal shall be published by
withdrawal shall be published by
withdrawal shall be published by Member
Member States.
the Commission Member States.
States
and by the Commission.
Amendment 195
Article 19 (4) (a) (new)
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4a. The Commission shall review the lists
referred to in paragraph 1 every four years.
Amendment 196
Article 19 (5)
5.
The Commission shall adopt
5.
The Commission shall adopt
5. The Commission shall
be empowered to
implementing acts authorising or
implementing acts authorising or
adopt
delegated acts in accordance with
withdrawing the authorisation of
withdrawing the authorisation of
Article 36 authorising or withdrawing the
products and substances that may be
products and substances
referred
authorisation of products and substances that
used in organic production in general
to in paragraphs 1 and 1a that
may be used in organic production in general
and products and substances that
may be used in organic production
and products and substances that may be used
may be used in the production of
in general and
products and
in the production of processed organic food in
processed organic food in particular,
substances that may be used in
particular, and establishing the procedures to be
and establishing the procedures to be the production of processed organic followed for the authorisation and the lists of
followed for the authorisation and
food in particular, and establishing
those products and substances and, where
the lists of those products and
the procedures to be followed for
appropriate, their description, compositional
substances and, where appropriate,
the authorisation and the lists of
requirements and conditions for use.
their description, compositional
those products and substances and,
requirements and conditions for use.
where appropriate, their
Those implementing acts shall be
description, compositional
adopted in accordance with the
requirements and conditions for
examination procedure referred to
use. Those implementing acts shall
in Article 37(2).
be adopted in accordance with the
examination procedure referred to
in Article 37(2).
Article 20
Article 20
Amendment 197
Article 20
Presence of non-authorised
Presence of non-authorised
deleted
products or substances
products or substances
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1.
Products in which the
1.
Products in which the
deleted
presence of products or substances
presence of products or
that have not been authorised in
substances that have not been
accordance with Article 19 is
authorised in accordance with
detected beyond the levels
Article 19 is detected beyond the
established taking account in
levels established taking account
particular of Directive
in particular of Directive
2006/125/EC, shall not be marketed 2006/125/EC, shall not be
as organic.
marketed as organic.
2.
In order to ensure the
2.
In order to ensure the
deleted
effectiveness, efficiency and
effectiveness, efficiency and
transparency of the organic
transparency of the organic
production and labelling system,
production and labelling system,
the Commission shall be
the Commission shall be
empowered to adopt delegated acts
empowered to adopt delegated
in accordance with Article 36
acts in accordance with Article 36
regarding the specific criteria and
regarding the specific criteria
conditions for the application of the and conditions for the application
levels referred to in paragraph 1
of the levels referred to in
and regarding the establishment of
paragraph 1 and regarding the
those levels and their adaptation in
establishment of those levels and
the light of technical developments.
their adaptation in the light of
technical developments.
3.
By way of derogation from
3.
By way of derogation from
deleted
Article 211(1) of Regulation (EU)
Article 211(1) of Regulation (EU)
No 1308/2013, and subject to an
No 1308/2013, and subject to an
authorization by the Commission
authorization by the Commission
adopted without applying the
adopted without applying the
procedure referred to in Article
procedure referred to in Article
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37(2) or (3) of this Regulation,
37(2) or (3) of this Regulation,
Member States may grant national
Member States may grant
payments to compensate farmers
national payments to compensate
for the losses they have incurred
farmers for the losses they have
due to the contamination of their
incurred due to the
agricultural products by non-
contamination of their
authorised products or substances
agricultural products by non-
which prevents them from
authorised products or
marketing those products as
substances which prevents them
organic provided that the farmers
from marketing those products as
have taken all appropriate
organic provided that the
measures to prevent the risk of such farmers have taken all
contamination. Member States may
appropriate measures to prevent
also use the instruments of the
the risk of such contamination.
Common Agricultural Policy to
Member States may also use the
cover totally or partially such
instruments of the Common
losses.
Agricultural Policy to cover
totally or partially such losses.
Amendment 198
Article 20 (a) (new)
Article 20a
Precautionary measures to be taken to prevent
non-compliance with this Regulation
1. In order to ensure compliance with this
Regulation, operators shall take all necessary
precautionary measures in order to avoid the
presence of non-authorised processes,
products or substances in organic production.
2. In particular, where an operator suspects
that a process, product or substance which
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has been sourced, produced or prepared for
use in organic farming does not comply with
this Regulation, that operator shall:
(a) separate and identify the product;
(b) set up a system appropriate to the type and
size of the operation for the purpose of
verification and assessment, following
procedures based on a systematic
identification of critical procedural steps;
(c) if the operator concludes, after having
carried out the assessment provided for in
point (b), that the suspicion of non-
compliance is substantiated, the operator shall
withdraw the product from the market and
discontinue its processing. The operator shall
immediately inform the competent authorities
or control body about his findings.
3. The following measures shall be taken by
competent authorities, control bodies and
authorities:
(a) in the event that a control authority or a
control body:
– detects the presence of a non-authorised
process, product or substance in organic
production, or
– receives from an operator reliable
information concerning a suspicion
concluded as having been substantiated in
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accordance with point (c) of paragraph 2, or
– is informed that an operator intends to place
on the market a product which is not in
compliance with the organic production rules
but which bears a reference to the organic
production method,
the control authority or control body
concerned shall prohibit the placing of the
product on the market with an indication
referring to the organic production method
until it is satisfied that the suspicion or non-
compliance has been eliminated;
(b) the control authority or control body shall
eliminate the suspicion of non-compliance or
confirm that suspicion and the prohibition of
marketing as soon as possible, taking into
account the durability of the product and in
any case within two months. In such a case,
the operator concerned shall cooperate fully
with the control body or authority. Before
confirming a suspicion of non-compliance,
the control authority or control body shall
allow the operator to comment on its findings;
(c) where the non-compliance is confirmed,
Article 26a shall apply;
(d) where the non-compliance is not
confirmed within the period of time laid down
under point (b), the decision taken pursuant
thereto shall be revoked not later than at the
expiry of that period of time.
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4. In order to avoid adventitious
contamination with non-authorised products
or substances as a result of non-organic
farming practices or other non-organic
practices in processing, preparation and
distribution, which are beyond the control of
organic operators, Member States shall
establish precautionary measures.
5. Where control authorities, control bodies
and competent authorities have identified
specific risks of non-compliance with this
Regulation or specific risks of adventitious
contamination of organic products in certain
sectors of organic production, Member States
shall take adequate precautionary measures
against those risks.
Amendment 199
Article 20 (b) (new)
Article 20b
Causes of contamination with plant protection
products and responsibilities of competent
authorities, control authorities and control
bodies
1. In the event that a control authority or a
control body detecs the presence of plant
protection products which are non-compliant
with Article 19, or receives reliable
information concerning such presence, it
shall carry out an appropriate investigation
into the cause of the contamination. Such
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investigations must categorise the
contamination in one of the following three
categories:
(a) technically unavoidable;
(b) technically avoidable;
(c) deliberate or repetitive contamination
which is technically avoidable.
A contamination shall be considered as
avoidable when the operator:
– has not put in place or maintained
appropriate, proportionate measures to
identify and avoid the risks of contamination
of organic products with non-authorised
products and substances; or
– has not regularly reviewed and adjusted
such appropriate measures, while the risk for
contamination has clearly been perceptible; or
– has not taken appropriate measures
pursuant to previous requests from the
competent authorities or, as the case may be,
from the control authority or control body, to
take steps to avoid contamination; or
– has not complied with relevant requirements
of this Regulation or has otherwise failed to
take necessary steps in the production process
to avoid contamination.
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2. Products potentially contaminated with
plant protection products as referred to in
point (a) of the first subparagraph of
paragraph 1 may be considered as marketable
after examination by competent authorities.
Potentiall contamination as referred to in
point (b) of the first subparagraph of
paragraph 1 shall be investigated by the
control authority or control body with regard
to the nature of the circumstances which have
led to the contamination, in accordance with
the procedures laid down in Article 20a.
3. In cases of contamination as referred to in
point (c) of the first subparagraph of
paragraph 1, the competent authority, control
authority or control body shall prohibit the
operator concerned from placing on the
market products bearing any reference, in the
labelling and advertising thereof, to the
organic production method.
Any production areas or products affected by
the non-authorised plant protection products
must undergo a new conversion period as
referred to in Article 8 running from the date
of application of the non-authorised plant
protection products or, if that date is not
verifiable, from the date of detection. This
applies without prejudice to any sanctions that
may be imposed.
4. In order to provide for the best means of
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detecting and documenting non-compliance
with this Regulation, the Commission shall be
empowered to adopt delegated acts in
accordance with Article 36 concerning:
– the methodology to be used in order to detect
and evaluate the presence of plant protection
products which do not comply with this
Regulation, and specifically with Article 19;
– the procedures to be followed;
– the details to be documented in a common
database on non-compliance with this
Regulation, including findings of residues of
non-authorised plant protection products.
Amendment 200
Article 20 (c) (new) (1) (a) (new)
Article 20c
Database on non-compliance with this
Regulation and database on findings of non-
authorised plant protection products
The Commission shall establish a database on
cases of non-compliance with this Regulation,
based on national databases established by
Member States. Those databases shall be used
to facilitate the formulation of best practices
to avoid contamination. In collecting the data,
the Member States and the Commission shall
apply a risk-based approach revealing the
reasons for, and categories of, non-
compliance or contamination as laid down in
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points (a), (b) and (c) of the first
subparagraph of Article 20b(1). The databases
shall be accessible to operators, control
bodies, the control authority and competent
authorities. Member States shall provide an
annual report to the Commission.
A database of analyses carried out by control
bodies and control authorities, including the
detection of non-authorised plant protection
products, shall be established by Member
States. The database shall be accessible to
operators, control bodies, control and
competent authorities. Member States shall
report on an annual basis to the Commission
on the findings collected in their national
database.
Chapter IV
Labelling
Commission proposal unchanged
Commission proposal unchanged
Article 21
Use of terms referring to organic
Commission proposal unchanged
Commission proposal unchanged
production
Amendment 201
Article 21 (1)
1.
For the purposes of this
1.
For the purposes of this
1. For the purposes of this Regulation, a
Regulation, a product shall be
Regulation, a product shall be
product shall be regarded as bearing terms
regarded as bearing terms referring
regarded as bearing terms referring
referring to organic production where, in the
to organic production where, in the
to organic production where, in the
labelling, advertising material or commercial
labelling, advertising material or
labelling, advertising material or
documents, such a product, its ingredients
, feed
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commercial documents, such a
commercial documents, such a
materials or any input part of the chain of the
product, its ingredients
or feed
product, its ingredients or feed
organic product, are described in terms
materials are described in terms
materials are described in terms
suggesting to the purchaser that the product, its
suggesting to the purchaser that the
suggesting to the purchaser that the
ingredients
, feed materials
or any part of the
product, its ingredients
or feed
product, its ingredients or feed
chain of the organic product, have been
materials have been obtained in
materials have been obtained in
obtained in accordance
or in compliance with
accordance with this Regulation. In
accordance with this Regulation. In
this Regulation. In particular, the terms listed in
particular, the terms listed in Annex
particular, the terms listed in Annex Annex IV
or their equivalents in other
IV, their derivatives or diminutives,
IV, their derivatives or diminutives,
languages which are not official languages of
such as ‘bio’ and ‘eco’, alone or
such as ‘bio’ and ‘eco’, alone or
the Union but the status of which is officially
combined, may be used throughout
combined, may be used throughout
recognised by the constitution of a Member
the Union and in any language listed the Union and in any language
State, their derivatives or diminutives, such as
in that Annex for the labelling and
listed in that Annex for the
‘bio' and 'eco', alone or combined, may be used
advertising of products which
labelling and advertising of
throughout the Union and in any language
comply with this Regulation.
products
referred to in Article
listed in that Annex for the labelling and
2(1) which comply with this
advertising of products
referred to in Article
Regulation.
2(1) which comply with this Regulation.
In the
labelling and advertising of live or
unprocessed agricultural products, terms
referring to the organic production method
may be used only where, in addition, the
entire product has also been produced in
accordance with the requirements laid down
in this Regulation.
2.
For the products referred to in
2.
For the products referred to in Commission proposal unchanged
Article 2(1),the terms referred to in
Article 2(1),the terms referred to in
paragraph 1 of this Article shall not
paragraph 1 of this Article shall not
be used anywhere in the Union, in
be used anywhere in the Union, in
any language listed in Annex IV, for
any language listed in Annex IV,
the labelling, advertising and
for the labelling, advertising and
commercial documents of a product
commercial documents of a product
which does not comply with this
which does not comply with this
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Regulation.
Regulation
.
Furthermore, any terms, including
Furthermore, any terms, including
terms used in trademarks, or
terms used in trademarks
or
practices used in labelling or
company names, or practices used
advertising liable to mislead the
in labelling or advertising liable to
consumer or user by suggesting that
mislead the consumer or user by
a product or its ingredients comply
suggesting that a product or its
with this Regulation shall not be
ingredients comply with this
used.
Regulation shall not be used.
2a.
Products of plant origin
produced during the conversion
period in compliance with Article
8(4) sub-paragraph 2 may be
labelled as in-conversion
products.
2b. The terms referred to in
paragraph 1 and 2a shall not be
used for a product for which it
has to be indicated in the
labelling or advertising that it
contains GMOs, consists of
GMOs or is produced from
GMOs according to Union law.
Amendment 202
Article 21 (2) (a) (new)
2a. As regards products and substances used
in crop production as plant protection
products, fertilisers, soil conditioners and
nutrients, the terms referred to in paragraph 1
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of this Article shall not be used anywhere in
the Union, in any language listed in Annex
IV, for the labelling, advertising and
commercial documents.
Amendment 203
Article 21 (3) (1) - introductory part
3.
As regards processed food, the Commission proposal unchanged
3. As regards processed food, the terms
terms referred to in paragraph 1
may
referred to in paragraph 1
shall be used:
be used:
(a)
in the sales description,
(a)
in the sales description
,
Commission proposal unchanged
provided that:
and in the list of ingredients
provided that:
(i)
the processed food
(i) the processed food
Commission proposal unchanged
complies with the
complies with the
production rules set out in
production rules set out in
Part IV of Annex II;
Part IV of Annex II
and
with the specific rules
laid down in accordance
with Article 13(2b);
(ii)
at least 95% by
(ii)
at least 95% by
Commission proposal unchanged
weight of its agricultural
weight of its agricultural
ingredients are organic;
ingredients are organic
;.
Amendment 204
Article 21 (3) (1) (b)
(b) only in the list of
(b) only in the list of
(b) only in the list of ingredients, where less
ingredients, where less than
ingredients,
provided that:
than 95% of agricultural ingredients are organic
95% of agricultural
and provided that
the food in question
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ingredients are organic and
complies with the production rules set out in
provided that
those
this Regulation.
ingredients comply with the
production rules set out in this
Regulation.
(i) where less than 95%
by
weight of agricultural
ingredients are organic
and provided that those
ingredients comply with
the production rules set
out in this Regulation
.;
(ii)
the processed
food complies with the
production rules set out
in points 1.5, 2.1(a),
2.2.1, and 2.1(c) of Part
IV of Annex II and with
the specific rules laid
down in accordance with
Article 13(2b);
(ba) in the sales description
and in the list of ingredients
provided that:
(i) the main ingredient is
a product of hunting or
fishing;
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(ii)
the term
referred to in paragraph
1 is clearly related in the
sales description to
another ingredient which
is organic and different
from the main
ingredient;
(iii)
all other
agricultural ingredients
are organic;
(iv)
the food
complies with points 1.5,
2.1(a), 2.1(b), and 2.1(c)
of part IV of Annex II.
The list of ingredients referred to in
The list of ingredients referred to in Commission proposal unchanged
point (b) of the first subparagraph
point
s (a), (b)
and (ba) of the first
shall indicate which ingredients are
subparagraph shall indicate which
organic. The references to organic
ingredients are organic. The
production may only appear in
references to organic production
relation to the organic ingredients.
may only appear in relation to the
That list of ingredients shall include
organic ingredients.
an indication of the total percentage
That The list of ingredients
of organic ingredients in proportion
referred to in points (b) and (ba)
to the total quantity of agricultural
of the first subparagraph shall
ingredients.
include an indication of the total
percentage of organic ingredients in
proportion to the total quantity of
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agricultural ingredients.
The terms referred to in paragraph 1
The terms referred to in paragraph 1 Commission proposal unchanged
and the indication of the percentage
used in the list of ingredients
referred to in point (b) of the first
referred to in points (a), (b), and
subparagraph of this paragraph shall
(ba) of the first subparagraph as
appear in the same colour, identical
well as and the indication of the
size and style of lettering as the
percentage referred to in point
s (b)
other indications in the list of
and (ba) of the first subparagraph
ingredients.
of this paragraph shall appear in
the same colour, identical size and
style of lettering as the other
indications in the list of ingredients.
Amendment 205
Article 21 (3) (3) (a) (new)
As regards plant varieties, the terms referred
to in paragraph 1 may be used in the sales
description, provided that:
(a) the breed complies with the production
rules set out in point 1.4 of Part I of Annex II;
and
(b) the term "organic breed" is used.
3a.
As regards processed feed,
the terms referred to in
paragraph 1 may be used in the
sales description and in the list of
ingredients provided that:
(a) the processed feed
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complies with the
production rules set out in
Parts II, III and IV of
Annex II and with the
specific rules laid down in
accordance with Article
13(2b);
(b) all ingredients of
agricultural origin
contained in the processed
feed are organic;
(c)
at least 95% of the
product's dry matter are
organic.
Amendment 206
Article 21 (4)
4.
In order to provide clarity for
4.
In order to provide clarity for
4. In order to provide clarity for consumers and
consumers and to ensure that the
consumers and to ensure that the
to ensure that the appropriate information is
appropriate information is
appropriate information is
communicated to them, the Commission shall
communicated to them, the
communicated to them, the
be empowered to adopt delegated acts in
Commission shall be empowered to
Commission shall be empowered to accordance with Article 36 concerning
adopt delegated acts in accordance
adopt delegated acts in accordance
adaptation of the list of terms set out in Annex
with Article 36 concerning
with Article 36 concerning
IV, taking into account linguistic developments
adaptation of the list of terms set out
adaptation of the list of terms set
within the Member States.
in Annex IV, taking into account
out in Annex IV, taking into
linguistic developments within the
account linguistic developments
Member States
and concerning the
within the Member States
and
establishment of specific labelling
concerning the establishment of
and compositional requirements
specific labelling and
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applicable to feed and ingredients
compositional requirements
thereof.
applicable to feed and ingredients
thereof.
4a.
The Commission shall
adopt implementing acts to set
specific rules on the application
of paragraph 2a. Those
implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Article
22
Compulsory indications
Commission proposal unchanged
Commission proposal unchanged
1.
Where terms as referred to in
1.
Where
products bear terms
Commission proposal unchanged
Article 21(1) are used:
as referred to in Article 21(1)
or
are labelled as in conversion are
used in accordance to Article
21(2a):
(a)
the code number of the
Commission proposal unchanged
Commission proposal unchanged
control authority or control
body to which the operator
who has carried out the last
production or preparation
operation is subject, shall also
appear in the labelling;
(b)
the organic production
(b) the organic production
Commission proposal unchanged
logo of the European Union
logo of the European Union
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referred to in Article 23 as
referred to in Article 23 as
regards pre-packed food as
regards pre-packed food as
defined in point (e) of Article
defined in point (e) of Article
2(2) of Regulation (EU) No
2(2) of Regulation (EU) No
1169/2011 shall also appear on
1169/2011 shall also appear
the packaging.
on the packaging
except in
cases referred to in
Article 21 (2a), (3)(b) and
(ba).
Amendment 207
Article 22 (2) (1) introductory part
2.
Where the organic production
Commission proposal unchanged
With the exception of products from the wine
logo of the European Union is used,
sector as referred to in point (l) of Article 1(2)
an indication of the place where the
of Regulation (EU) No 1308/2013, where the
agricultural raw materials of which
organic production logo of the European Union
the product is composed have been
is used, an indication of the place where the
farmed shall also appear in the same
agricultural raw materials of which the product
visual field as the logo and shall take
is composed have been farmed shall also
one of the following forms, as
appear in the same visual field as the logo and
appropriate:
shall take one of the following forms, as
appropriate:
(a)
‘EU Agriculture’, where Commission proposal unchanged
Commission proposal unchanged
the agricultural raw material
has been farmed in the Union;
(b)
‘non-EU Agriculture’,
Commission proposal unchanged
Commission proposal unchanged
where the agricultural raw
material has been farmed in
third countries;
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(c)
‘EU/non-EU
Commission proposal unchanged
Commission proposal unchanged
Agriculture’, where a part of
the agricultural raw materials
has been farmed in the Union
and a part of it has been
farmed in a third country.
The word ‘Agriculture’ may be
Commission proposal unchanged
Commission proposal unchanged
replaced by ‘Aquaculture’ where
appropriate.
Amendment 208
Article 22 (2) (3)
The indication ‘EU’ or ‘non-EU’
Commission proposal unchanged
The indication
‘EU’ or
‘non-EU’ may be
may be
replaced or supplemented by
supplemented by the name of a country
or
the name of a country if all
region if all agricultural raw materials of which
agricultural raw materials of which
the product is composed have been farmed in
the product is composed have been
that country
or region.
farmed in that country.
For the indication ‘EU’ or ‘non-EU’ For the indication ‘EU’ or ‘non-
small quantities by weight of
EU’
or of the name of the country
ingredients may be disregarded
as referred to in subparagraph 3,
provided that the total quantity of the small quantities by weight of
disregarded ingredients does not
ingredients may be disregarded
exceed 5% of the total quantity by
provided that the total quantity of
weight of agricultural raw materials.
the disregarded ingredients does not
exceed
25% of the total quantity by
weight of agricultural raw
materials.
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The indication ‘EU’ or ‘non-EU’
The indication ‘EU’ or ‘non-EU’
shall not appear in a colour, size and
shall not appear in a colour, size
style of lettering more prominent
and style of lettering more
than the name of the food.
prominent than the name of the
food product.
Amendment 209
Article 22 (3)
3.
The indications referred to in
Commission proposal unchanged
3. The indications referred to in paragraphs 1
paragraphs 1 and 2 of this Article
and 2 of this Article and in Article 23(3) shall
and in Article 23(3) shall be
marked
be
printed in a conspicuous place in such a way
in a conspicuous place in such a way
as to be easily visible
and clearly legible
, and
as to be easily visible, clearly legible
shall not obscure the mandatory indications
and
indelible.
laid down in Article 9(1) of Regulation (EU)
No 1169/2011.
4.
In order to provide clarity for
4.
In order to provide clarity
Commission proposal unchanged
consumers and to ensure that the
for consumers and to ensure that
appropriate information is
the appropriate information is
communicated to them, the
communicated to them, the
Commission shall be empowered to
Commission shall be empowered
adopt delegated acts in accordance
to adopt delegated acts in
with Article 36 laying down further
accordance with Article 36 laying
rules on labelling and the use of the
down further rules on labelling
indications referred to in point (a) of
and the use of the indications
paragraph 1 and in paragraph 2 of
referred to in point (a) of
this Article and in Article 23(3).
paragraph 1 and in paragraph 2
of this Article and in Article
23(3).
5.
The Commission shall adopt
Commission proposal unchanged
Commission proposal unchanged
implementing acts relating to the
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Commission proposals
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following:
(a)
specific and practical
(a)
practical modalities as
Commission proposal unchanged
modalities as regards the
regards the
use, presentation,
presentation, composition and
composition and size of the
size of the indications referred
indications referred to in
to in point (a) of paragraph 1
point (a) of paragraph 1 and
and in paragraph 2 of this
in paragraph 2 of this Article
Article and in Article 23(3);
and in Article 23(3);
(b)
the assignment of code
Commission proposal unchanged
Commission proposal unchanged
numbers to control authorities
and control bodies;
Amendment 210
Article 22 (5) (1) (c)
(c)
the indication of the
(c)
the indication of the
(c) the indication of the place where the
place where the agricultural
place where the agricultural
agricultural raw materials have been farmed, in
raw materials have been
raw materials have been
accordance with paragraph 2 of this Article and
farmed, in accordance with
farmed, in accordance with
Article
23(3).
paragraph 2 of this Article and
paragraph 2 of this Article
Article
232(3).
and Article 23
2(3).
Those implementing acts shall be
Commission proposal unchanged
Commission proposal unchanged
adopted in accordance with the
examination procedure referred to in
Article 37(2).
Article 23
Organic production logo of the
Commission proposal unchanged
Commission proposal unchanged
European Union
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Amendment 211
Article 23 (1)
1.
The organic production logo of Commission proposal unchanged
1. The organic production logo of the European
the European Union may be used in
Union may be used in the labelling,
the labelling, presentation and
presentation and advertising of products which
advertising of products which
comply with this Regulation
, including
comply with this Regulation.
products for which specific production rules
may be laid down pursuant to Article 16.
The
organic production logo shall not be used in
the case of food as referred to in point (b) of
the first subparagraph of Article 21(3) and in-
conversion products.
The organic production logo of
the European Union shall not be
used for processed food as
referred to in Article 21(3)(b) and
(ba) or for in-conversion
products as referred to in Article
21(2a).
Amendment 212
Article 23 (2)
2.
The organic production logo
Commission proposal unchanged
deleted
of the European Union is an
official attestation in accordance
with Articles 85 and 90 of
Regulation (EU) No XXX/XXXX
[Official controls Regulation].
3.
The use of the organic
Commission proposal unchanged
Commission proposal unchanged
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production logo of the European
Union shall be optional for products
imported from third countries. In
addition, where that logo appears in
the labelling, the indication referred
to in Article 22(2) shall also appear
in the labelling.
4.
The organic production logo of Commission proposal unchanged
Commission proposal unchanged
the European Union shall follow the
model set out in Annex V and shall
comply with the rules set out in that
Annex.
5.
National and private logos
Commission proposal unchanged
Commission proposal unchanged
may be used in the labelling,
presentation and advertising of
products which comply with this
Regulation.
6.
In order to provide clarity for
Commission proposal unchanged
Commission proposal unchanged
consumers and to ensure that the
appropriate information is
communicated to them, the
Commission shall be empowered to
adopt delegated acts in accordance
with Article 36 amending the
organic production logo of the
European Union and the rules
relating thereto set out in Annex V.
Amendment 213
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Commission proposals
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Chapter V - title
Chapter V
Organic certification
Organic cCertification
Organic
controls and certification
Amendment 214
Article 23 (a) (new)
Article 23a
Control system
1. Member States shall set up a system of
controls and shall designate one or more
competent authorities to be responsible for
monitoring compliance with the obligations
laid down by this Regulation, in accordance
with Article 3 of Regulation (EU) No
XX/XXXX (the Official controls Regulation
OCR).
2. In addition to the conditions laid down in
the Official controls Regulation, the control
system set up under this Regulation shall
comprise at least the application of the
precautionary measures provided for by
Article 20a and the control measures provided
for by this Chapter.
3. The nature and frequency of the controls
shall be determined on the basis of an
assessment of the risk of occurrence and the
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seriousness of non-compliance with the
requirements laid down in this Regulation. All
operators and groups of operators shall be
subject at least to an annual physical on-site
control of their compliance with the
applicable rules. Such controls shall be based
on inspection, screening and targeted
screening, depending on the likelihood of
non-compliance.
The criteria for risk assessments used by
control authorities to identify the most risky
parts of the food chain are laid down inAnnex
Vf. The Commission shall be empowered to
adopt delegated acts in accordance with
Article 36 concerning the detailed elements of
the risk assessment, the frequency of controls
and the proportion of random controls as a
fraction of the total number of controls.
4. The competent authority may:
(a) delegate its control competences to one or
more other control authorities for organic
products as defined in point (39) of Article 2
of the Official controls Regulation. Control
authorities shall offer adequate guarantees of
objectivity and impartiality, and shall have at
their disposal the qualified staff and resources
necessary to carry out their functions;
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(b) delegate control tasks to one or more
control bodies for organic products as defined
in point (39) of Article 2 of the Official
controls Regulation. In such cases, the
Member States shall designate authorities
responsible for approving and supervising
such bodies.
5. The competent authority may delegate
control tasks to a particular control body or
control authority only if the conditions laid
down in Article 26 of the Official controls
Regulation are satisfied, and in particular
only where:
(a) there is an accurate description of the
tasks that the control body or control
authority is to carry out, and of the conditions
under which it may carry them out;
(b) the control body or control authority:
(i) has the expertise, equipment and
infrastructure required to carry out the tasks
delegated to it;
(ii) has a sufficient number of suitable
qualified and experienced staff; and
(iii) is impartial and free from any conflict of
interest as regards the exercise of the tasks
delegated to it;
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(c) the control body or control authority is
accredited in accordance with the most
recently notified version, published in the C
series of the Official Journal of the European
Union, of European Standard EN 17065 or
ISO Guide 65 (General requirements for
bodies operating product certification
systems), and is approved by the competent
authorities;
(d) the control body or control authority
communicates the results of the controls
carried out to the competent authority on a
regular basis and whenever the competent
authority so requests. If the results of the
controls show serious non-compliance, the
control body shall immediately inform the
competent authority;
(e) there is effective and documented
coordination between the delegating
competent authority and the control body or
control authority.
6. In addition to complying with the provisions
of paragraph 5, the competent authority shall
take into account the following criteria when
approving a control body or control authority:
(a) the standard control procedure to be
followed, containing a detailed description of
the control measures and precautions that the
control body or control authority undertakes
to apply to operators subject to its control;
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(b) the measures that the control body intends
to apply where non-compliance is found to
have occurred.
7. The competent authority may not delegate
to control bodies or control authorities the
following tasks:
(a) the supervision and audit of other control
bodies or control authorities;
(b) the competence to grant derogations, as
referred to in Article 17, unless this is
provided for in the exceptional production
rules.
8. In accordance with Article 29 of the
Official controls Regulation, competent
authorities delegating control tasks to control
bodies or control authorities shall organise
audits or inspections of the control bodies or
control authorities in question, as necessary.
If, as a result of an audit or an inspection, it
appears that such bodies are failing to carry
out properly the tasks delegated to them, the
delegating competent authority may withdraw
the delegation. It shall withdraw it without
delay if the control body or control authority
fails to take appropriate and timely remedial
action.
9. In addition to complying with the provisions
of paragraph 8, the competent authority shall:
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(a) ensure that the controls carried out by the
control body or control authority are objective
and independent;
(b) verify the effectiveness of controls carried
out by the control body or control authority;
(c) take cognisance of any irregularities or
infringements found and corrective measures
applied;
(d) withdraw approval of any control body or
control authority which fails to satisfy the
requirements laid down in points (a) and (b)
of this paragraph or which no longer fulfils
the criteria indicated in paragraphs 5 or 6, or
which fails to satisfy the requirements laid
down in paragraphs 11, 12 and 14.
10. Member States shall assign a code number
to each control authority or control body
performing control tasks as referred to in
paragraph 4.
11. Control bodies and control authorities
shall give the competent authorities access to
their offices and facilities, and shall provide
any information and assistance deemed
necessary by the competent authorities for the
fulfilment of their obligations pursuant to this
Article.
12. Control bodies and control authorities
shall ensure that at least the precautionary
and control measures referred to in paragraph
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2 are applied to operators subject to their
control.
13. Member States shall ensure that the
control system set up allows for the
traceability of each product at all stages of
production, preparation and distribution in
accordance with Article 18 of Regulation (EC)
No 178/2002, in particular, in order to give
consumers guarantees that organic products
have been produced in compliance with the
requirements set out in this Regulation.
Member States shall ensure that requests from
control bodies or control authorities
concerning the traceability of organic
products are responded to as quickly as
possible, and not later than four working days
per production step after receipt of the
corresponding request.
14. By 31 January in each year, the control
authorities and control bodies shall transmit
to the competent authorities a list of the
operators which were subject to their controls
on 31 December of the previous year. A
summary report of the control activities
carried out during the previous year shall be
provided by 31 March each year.
Article 24
Amendment 215
Article 24
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Organic certification system
Commission proposal unchanged
deleted
1.
Operators or groups of
1.
Operators or groups of
deleted
operators that produce, prepare or
operators that produce, prepare
,
store organic products, who import
distribute or store organic
such products from a third country
products, who import such products
or export such products to a third
from a third country or export such
country or who place such products
products to a third country or who
on the market shall, prior to the
place such products on the market
placing on the market as organic or
shall, prior to the placing on the
prior to conversion, notify their
market as organic or prior to
activity to the competent authorities
conversion
period, notify their
of the Member State(s) where the
activity to the competent authorities
activity is carried out.
of the Member State(s) where the
activity is carried out
and submit
their holding to the organic
certification and control system.
In case the competent
authorithies have conferred their
responsabilities or delegated
specific official controls tasks or
other official activities to more
than one control authorithy or
control body, the operators or
group of operators shall indicate
in the notification referred to in
subparagraph 1 the control
authority or the control body that
verifies the compliance of the
activity with this Regulation and
provides the organic certificate
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referred to in Article 25(0a).
1a.
Member States may exempt
from the notification obligation
referred to in paragraph 1
operators who sell products
directly to the final consumer or
user provided that they do not
produce, prepare, store other
than in connection with the point
of sale, organic products or
import such products from a
third country or have not
contracted out such activities to a
third party.
2.
Where operators or groups of
2.
Where operators or groups of
deleted
operators subcontract any of their
operators subcontract any of their
activities to a third party, both the
activities to
a third
party parties,
operators and groups of operators
both the operators or groups of
and the third party to whom
operators and the third parties to
activities have been subcontracted
whom activities have been
shall comply with paragraph 1.
subcontracted
, shall comply with
paragraph 1
, except where the
operator or groups of operators
declares in the notification
referred to in paragraph 1 that
the responsibility as regards
organic production remains with
the operator or groups of
operators and is not transferred
to the subcontractor so that the
compliance of the sub contracted
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activities with this Regulation is
verified by the competent
authorities.
3.
Operators and groups of
3.
Operators
and, groups of
deleted
operators shall keep records on the
operators
and subcontractors shall
different activities they engage in, in keep records on the different
accordance with this Regulation.
activities they engage in, in
accordance with this Regulation.
4.
Competent authorities shall
4.
Competent authorities
deleted
keep an updated list containing the
Member States shall keep updated
names and addresses of operators
list
s kept in an appropriate
and groups of operators that have
manner containing the names and
notified their activities in accordance addresses of operators and groups
with paragraph 1 and shall make that of operators that have notified their
list public, together with the
activities in accordance with
information relating to their organic
paragraph 1 and shall make that list
certificates as referred to in Article
public, together with the
25(1). The competent authorities
information relating to their organic
shall respect the requirements of the
certificates as referred to in Article
protection of personal data under
25(1).
Member States The
Directive 95/46/EC of the European
competent authorities shall
Parliament and of the Council
55.
respect the requirements of the
protection of personal data under
Directive 95/46/EC of the European
Parliament and of the Council
56.
55
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
56
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
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5.
Member States shall ensure
Commission proposal unchanged
deleted
that the fees that may be collected by
the competent authorities, control
authorities or control bodies in
accordance with Article 76 of
Regulation (EU) No XX/XXXX
(official controls Regulation) are
made public.
6.
In order to ensure the
6.
In order to ensure the
deleted
effectiveness, efficiency and
effectiveness, efficiency and
transparency of the organic
transparency of the organic
production and labelling system, the
production and labelling system,
Commission shall be empowered to
the Commission shall be
adopt delegated acts in accordance
empowered to adopt delegated
with Article 36 concerning the
acts in accordance with Article 36
requirements for keeping records,
concerning the requirements for
the requirements for publication of
keeping records, the
the list referred to in paragraph 4 of
requirements for publication of
this Article and the requirements and
the list referred to in paragraph 4
procedures to be applied for
of this Article and the
publication of the fees referred to in
requirements and procedures to
paragraph 5 of this Article and for
be applied for publication of the
supervision by the competent
fees referred to in paragraph 5 of
authorities of the application of those
this Article and for supervision
fees.
by the competent authorities of
the application of those fees.
7.
The Commission may adopt
7.
The Commission may adopt
deleted
implementing acts to provide details
implementing acts to provide
and specifications regarding the
details and specifications
content, form and way of
regarding
:
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notification referred to in paragraph
-
the r
equirements,
1 and the form of publication of the
content, form and way of
the
fees referred to in paragraph 5.
notification referred to in
Those implementing acts shall be
paragraph 1
;
adopted in accordance with the
examination procedure referred to in
-
the keeping of records
Article 37(2).
referred to in paragraph 3,
-
the publication of the
list referred to in
paragraph 4;
-
the requirements and
procedures to be applied
for the publication,
including its form, of the
fees referred to in
paragraph 5, and for the
supervision by the
competent authorities of the
application of those fees.
and the form of publication
of the fees referred to in
paragraph 5.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred to
in Article 37(2).
Amendment 216
Article 24 (a) (new)
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Article 24a
Adherence to the control system
1. Any operator or group of operators which
produces, prepares or stores organic products,
which imports such products from a third
country or exports such products to a third
country, or which places such products on the
market shall, prior to placing on the market
any products characterised as 'organic' or 'in
conversion to organic':
(a) notify their activity to the competent
authorities of the Member State where the
activity is carried out;
(b) submit their undertaking to the control
system referred to in Article 23a.
Where an operator or group of operators
subcontracts any of its activities to a third
party, that operator or group of operators
shall none the less be subject to the
requirements laid down in points (a) and (b)
of the first subparagraph, and the
subcontracted activities shall be subject to the
control system.
2. Member States shall exempt from the
application of this Article organic operators
who sell pre-packed products directly to the
final consumer or user, provided that they do
not produce, process, prepare or store such
products other than in connection with the
point of sale and they do not import such
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products from a third country and have not
subcontracted such activities to another
operator.
In accordance with point (c) of Article 26c
Member States may exempt from the
application of point (b) of the first
subparagraph of paragraph 1 of this Article
operators who sell less than a limited quantity
per year of unpacked organic products to the
final consumer or user, provided that they
notify their activity to the responsible
authorities and do not produce, prepare or
store such products other than in connection
with the point of sale, do not import such
products from a third country and have not
subcontracted such activities to a third party.
3. Member States shall designate an authority
or approve a body to receive notifications
under point (a) of the first subparagraph of
paragraph 1 of this Article.
4. Member States shall ensure that any
operator or group of operators who complies
with this Regulation, and who pays a
reasonable fee by way of contribution to the
control expenses, is entitled to be covered by
the control system.
5. Operators and groups of operators shall
keep records of the different activities in
which they engage, in accordance with this
Regulation.
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6. Competent authorities shall keep an
updated list containing the names and
addresses of operators and groups of
operators that have notified their activities in
accordance with point (a) of the first
subparagraph of paragraph 1 of this Article,
and shall make that list public in an
appropriate manner, including by means of
publication on the internet, together with the
information relating to their organic
certificates as referred to in Article 25(1), and
using the model set out in Annex Vd to this
Regulation. The competent authorities shall
respect the requirements of the protection of
personal data laid down by Directive 95/46/EC
of the European Parliament and of the
Council1a.
7. The Commission may adopt implementing
acts prescribing details and specifications
regarding the content, form and method of
notification referred to in paragraph 1, and
the model referred to in paragraph 6 of this
Article. Those implementing acts shall be
adopted in accordance with the examination
procedure referred to in Article 37(2).
Article 25
Amendment 217
Article 25 - title
Organic certificate
Commission proposal unchanged
Certificate
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0a.
Competent authorities or,
where appropriate, control
authorities or control bodies shall
provide an organic certificate to
any operator or group of
operators that have notified their
activity in accordance with
Article 24(1) and comply with
this Regulation. The organic
certificate shall certify that the
notified activity is in compliance
with this Regulation.
0b. Operators and group of
operators shall be in possession of
an organic certificate as referred
to in paragraph 0a prior to the
placing on the market of products
referred to in Article 2(1).
0c.
The organic certificate is an
official certification within the
meaning of Articles 85 and 86 of
Regulation (EU) No XXX/XXX
(Official controls Regulation).
0d. The organic certificate,
issued in electronic form
wherever possible, shall at least
allow the identification of the
operator or group of operators
including the list of the members,
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the category of products covered
by the organic certificate and its
period of validity.
Amendment 218
Article 25 (1)
1.
Operators and groups of
1.
Operators and groups of
1. Operators and groups of operators that have
operators that have notified their
operators that have notified their
notified their activity
and submitted their
activity in accordance with
activity in accordance with
undertaking to the control system in
Article
24(1) and comply with this
Article 24(1) and comply with
accordance with Article
24a(1) and
that
Regulation shall be entitled to be
this Regulation shall be entitled
comply with this Regulation shall be entitled to
provided with an organic certificate.
to be provided with an organic
be provided with an organic certificate. The
The organic certificate, issued in
certificate. The organic
organic certificate, issued in electronic form
electronic form wherever possible,
certificate, issued in electronic
wherever possible, shall at least allow the
shall at least allow the identification
form wherever possible, shall at
identification of the operator or group of
of the operator or group of operators,
least allow the identification of
operators, the type or range of products covered
the type or range of products
the operator or group of
by the certificate and its period of validity.
covered by the certificate and its
operators, the type or range of
period of validity.
products covered by the
certificate and its period of
validity.
Amendment 219
Article 25 (2)
2.
The organic certificate is an
2.
The organic certificate is an deleted
official certification within the
official certification within the
meaning of Articles 85 and 86 of
meaning of Articles 85 and 86 of
Regulation (EU) No XXX/XXX
Regulation (EU) No XXX/XXX
(Official controls Regulation).
(Official controls Regulation).
Amendment 220
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Article 25 (3)
3.
Operators and groups of
3.
Operators and groups of
3. Operators and groups of operators shall not
operators shall not be entitled to be
operators shall not be entitled to be
be entitled to be provided with an organic
provided with an organic certificate
provided with an organic certificate certificate by different control
bodies for
by different control authorities or
by different
control authorities or
activities carried out in one Member State, as
control bodies for the same group of
control bodies
for activities
regards the same group of products, including
products, including when those
carried out in one Member State,
when those operators and groups of operators
operators and groups of operators
for as regards the same
category
engage in different stages of production,
engage in different stages of
group of products, including when
preparation and distribution.
production, preparation and
those operators and groups of
distribution.
operators engage in different stages
of production, preparation and
distribution.
Amendment 221
Article 25 (3) (a) (new)
3a. The groups of products referred to in the
paragraph 3 are as follows:
– vegetables and plant products;
– animals and animal products;
– seaweed and aquaculture animals;
– processed foods and fodder, including
yeasts;
– wine.
4.
Members of a group of
Commission proposal unchanged
Commission proposal unchanged
operators shall not be entitled to be
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provided with an individual organic
certificate for any of the activities
covered by the certification of the
group.
5.
Operators shall systematically
5.
Operators shall
Commission proposal unchanged
verify the organic certificate of
systematically verify the organic
operators that are their suppliers.
certificate of operators that are their
suppliers.
5a.
The categories of products
referred to in paragraphs 0d
and 3 are the following:
-
plant and plant
products;
-
livestock and livestock
products;
-
algae and aquaculture
animals;
-
processed food and
feed, including yeast;
-
wine;
-
other products listed
in Annex I to this
Regulation or not covered
by previous categories.
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Amendment 222
Article 25 (6)
6.
In order to ensure the
6.
In order to ensure the
deleted
effectiveness, efficiency and
effectiveness, efficiency and
transparency of the organic
transparency of the organic
production and labelling system,
production and labelling system,
the Commission shall be
the Commission shall be
empowered to adopt delegated acts
empowered to adopt delegated
in accordance with Article 36
acts in accordance with Article 36
concerning the criteria for defining
concerning the criteria for
the groups of products referred to
defining the groups of products
in paragraph 3.
referred to in paragraph 3.
6a.
The Commission shall
adopt implementing acts to
provide details and specifications
regarding the content and the
form of the organic certificate
referred to in paragraph 0a.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Article 26
Group of operators
Commission proposal unchanged
Commission proposal unchanged
1.
Each group of operators shall
1.
Each group of operators
Commission proposal unchanged
establish a system for internal
shall
:
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controls. That system shall consist of
-
be established in a
a documented set of control
Member State or a third
activities and procedures, in
country;
accordance with which an identified
person or body is responsible for
-
have a legal entity;
verifying compliance with this
Regulation of each member of the
-
set up a joint
group.
marketing system;
-
establish a system for
internal controls.
That This system shall consist of a
documented set of control
activities and procedures, in
accordance with which an
identified person or body is
responsible for verifying
compliance with this
Regulation of each member
of the group.
Amendment 223
Article 26 (2)
2.
Deficiencies in the set-up or
2.
Deficiencies in the set-up or
2. Deficiencies in the set-up or functioning of
functioning of the system for
functioning of the system for
the system for internal controls referred
to in
internal controls referred in
to
internal controls referred
in to
in
paragraph 1, in particular as regards failures to
paragraph 1, in particular as regards
paragraph 1, in particular as regards detect or address non-compliance by individual
failures to detect or address non-
failures to detect or address non-
members of the group of operators that affect
compliance by individual members
compliance by individual members
the integrity of organic products,
shall result in
of the group of operators that affect
of the group of operators that affect
the withdrawal of the organic
certificate
the integrity of organic products,
the integrity of organic products,
referred to in Article 25 for the whole group.
may result in the withdrawal of the
may result in the withdrawal of the
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organic
certification for the whole
organic
certification certificate
group.
referred to in Article 25 for the
whole group.
2a.
The members of the group
of operators shall be located in
geographical proximity.
2b. Member States shall have a
choice to apply one or a
combination of more criteria
(turnover, standard output, area
in ha) referred to in Article 3(7).
Amendment 224
Article 26 (3)
3.
In order to ensure the
3.
In order to ensure the
3.
The criteria for group certification of
effective and efficient functioning
effective and efficient functioning groups of operators
are set out in Annex Ve.
of the certification of
a group of
of the certification of a group of
operators
, the Commission shall be
operators, the Commission shall
empowered to adopt delegated acts
be empowered to adopt delegated
in accordance with Article 36
acts in accordance with Article 36
concerning the responsibilities of
concerning the responsibilities of
the individual members of a group
the individual members of a
of operators, the composition and
group of operators, the
dimension of a group of operators,
composition and dimension of a
the categories of products to be
group of operators, the categories
produced by a group of operators,
of products to be produced by a
the conditions for participation in a
group of operators, the
group of operators, the set-up and
conditions for participation in a
functioning of the group's system
group of operators, the set-up
for internal controls, including the
and functioning of the group's
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scope, content and frequency of the
system for internal controls,
controls to be carried out.
including the scope, content and
frequency of the controls to be
carried out.
Amendment 225
Article 26 (4)
4.
The Commission may adopt
4.
The Commission
may shall
deleted
implementing acts concerning the
adopt implementing acts
laying
exchange of information between a
down specific rules concerning
:
group of operators and the
competent authority or authorities,
control authorities or control
-
the composition and
bodies, and between the Member
dimension of a group of
States and the Commission. Those
operators as well as the
implementing acts shall be adopted
criteria to determine the
in accordance with the examination
geographical proximity of
procedure referred to in Article 37
the members of the group;
(2).
-
the conditions for
participation in a group of
operators, including
regarding the categories of
products they produce;
-
the set-up and
functioning of the group's
system for internal
controls, including the
scope, content and
frequency of the controls,
the documentation and
record keeping systems, the
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system for internal
traceability and the list of
operators;
-
the responsibilities
and obligations of the
individual members of a
group of operators and
-
the exchange of
information between a group
of operators and the
competent authority or
authorities, control
authorities or control bodies,
and between the Member
States and the Commission.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred to
in Article 37 (2).
Chapter Va
Controls
Article 26a
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General provision
In addition to the provisions laid
down in Regulation (EU) No
XX/XXXX (Official Controls
Regulation), the specific rules
provided for in this Chapter shall
apply to the official controls and
other official activities carried
out in relation to organic
production and labelling of
organic products.
Article 26b
Official controls in relation to
organic production and labelling
of organic products
1.
Official controls in relation
to organic production and
labelling of organic products
shall be performed for the
verification of compliance with
the provisions of this Regulation
and shall include, in particular,
the verification of the application
of preventive measures, as
defined in Article 3(4), of the
conditions for the exemption
from the notification obligation
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referred to in Article 24(1a), and
of the effective separation
between organic and non-organic
production and products,
referred to in Articles 7 and 8,
including through the control of
the non-organic production units
or sites.
2.
The nature and frequency
of the official controls shall be
determined on the basis of the
likelihood of non-compliance,
taking into account in particular
the following:
-
the type, size and
structure of the operators
and groups of operators;
-
the length of time
during which operators and
groups of operators have
been in organic production,
preparation and
distribution;
-
the product
categories;
-
the type, quantity and
value of products and their
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development over time;
-
the possibility of
commingling of products;
-
the application of
derogations or exceptions to
the rules by operators and
groups of operators;
-
the critical points for
non-compliance and
likelihood of non-
compliance at any stage of
production, preparation
and distribution, as defined
in Article 3(27).
In any case, all operators and
groups of operators with the
exception of those referred to in
Article 24(1a) shall be subject to
a verification of compliance at
least once a year. The verification
of compliance shall imply a
physical on-the-spot inspection,
except where Member States
decide that in duly justified cases,
taking into account the elements
referred to in the first
subparagraph, the operators and
group of operators concerned
present a proven low-risk profile
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and fulfill the criteria of
compliant track-record of at least
3 years. In those duly justified
cases, however, the period
between two physical on-the-spot
inspections shall not exceed thirty
months.
3.
For the purpose of
paragraph 2 of Article 12 of
Regulation (EU) No XX/XXXX
(Official Controls Regulation),
the written records on the official
controls performed for the
verification of compliance with
the provisions of this Regulation
shall be countersigned by the
operator or group of operators
concerned or by their
representative.
Article 26c
Delegation of tasks to control
bodies
1.
Official control tasks or
other official activities may only
be delegated by the competent
authorities in accordance with
Chapter III of Regulation (EU)
No XX/XXXX (Official Controls
Regulation) if the following
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conditions are also met:
(a) the control bodies are
accredited in accordance
with the international
harmonised standard
‘Conformity assessment –
Requirements for bodies
certifying products,
processes and services’, the
reference of which has been
published in the Official
Journal of the European
Union;
(b) the delegation of the
competent authorities
contains a detailed
description of delegated
control tasks and other
official activities, of the
reporting obligations and
other specific obligations;
(c)
the control bodies
submit to the competent
authorities for prior
approval:
(i) their risk assessment
procedures determining
in particular the basis
for the intensity and
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frequency of the
verification of
compliance of the
operators and group of
operators;
(ii)
the standard
control procedure to be
followed, containing a
detailed description of
the control measures and
precautions that the
body undertakes to
impose on operators and
groups of operators
subject to its controls;
(iii)
the measures
that the control body
intends to apply where
non-compliances are
found;
(d) the competent
authorities have procedures
and arrangements in place
to ensure the supervision of
control bodies, including
the verification of the
effectiveness, independence
and objectiveness of the
way in which the delegated
tasks are carried out, in
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particular as regards the
intensity and frequency of
the verification of
compliance.
2.
The competent authorities
shall not delegate to control
bodies the competence to grant
exceptions except for the use of
plant reproductive material not
obtained from organic
production.
3.
For the purpose of Article
31 of Regulation (EU) No
XX/XXXX (Official Controls
Regulation), the competent
authorities shall ensure that
information on any non-
compliance and likelihood of non-
compliance identified by control
bodies and on the measures
applied is collected and used in
order to supervise the activities of
control bodies.
4.
In the cases where there is
evidence that a control body is
failing to properly perform the
official control tasks delegated to
it, the competent authorities may,
before withdrawing the
delegation in accordance with
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Article 32 of Regulation (EU) No
XX/XXXX (Official Controls
Regulation), fully or partly
suspend it.
Article 26d
Measures in case of non-
compliance
1.
In the event of non-
compliance that affects the
organic status of the products
throughout any of the stages of
production, preparation and
distribution, the competent
authorities, or where
appropriate, the control
authorities or the control bodies
shall ensure that no reference is
made to organic production in
the labelling and advertising of
the entire lot or production run
concerned.
2.
In the event of serious,
repetitive or continued non-
compliance, competent
authorities or where appropriate,
the control authorities or the
control bodies shall ensure that
the operators or the group of
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operators concerned, in addition
to the measures referred to in
paragraph 1 and any appropriate
measures taken in particular in
accordance with Article 135 of
Regulation (EU) No XX/XXXX
(Official Controls Regulation),
are prohibited from marketing
products which refer to organic
production for a given period,
and that their organic certificate
be suspended or withdrawn
accordingly.
3.
In addition to the
requirements laid down in Article
104(1) of Regulation (EU) No
XX/XXXX (Official Controls
Regulation), competent
authorities, control authorities
and control bodies shall
immediately share information
with other competent authorities,
control authorities and control
bodies as appropriate on any
non-compliance or likelihood of
non-compliance affecting the
organic status of the products.
Article 26e
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Presence of non-authorised
products or substances
1.
When a competent
authority, or where appropriate,
a control authority or a control
body receives reliable and
substantiated information or
detects the presence of products
or substances that have not been
authorised in accordance with
Article 19 for the purposes listed
in Article 19, it must carry out
without delay an investigation in
order to determine the source
and cause of contamination in
view of verifying compliance with
Article 7(1)(b).
Based on the results of this
investigation, the competent
authority or, where appropriate,
the control authority or control
body shall ensure that such
products are not marketed as
organic, if the presence is due to
the deliberate use by the operator
or due to avoidable
contamination in the production
process.
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1a.
A contamination shall be
considered as avoidable when the
operator:
-
has not put in place or
maintained appropriate,
proportionate measures to
identify and avoid the risks
of contamination of organic
products with non-
authorised products and
substances or;
-
has not regularly
reviewed and adjusted such
appropriate measures,
while the risk for
contamination has clearly
been perceptible or;
-
has not taken
appropriate measures
pursuant to previous
requests from the
competent authorities or,
where appropriate, from
the control authority or
control body to take steps
to avoid contamination or;
-
has not complied with
relevant requirements of
this Regulation or has
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otherwise failed to take
necessary steps in the
production process to avoid
contamination.
1b. On the basis of the results
of the investigation referred to in
paragraph 1, the competent
authority, or where appropriate
the control authority or control
body shall identify the possible
deficiencies and non-compliances
that cause the presence of non-
authorised products or
substances. The operator
concerned shall take the
necessary corrective measures to
avoid future contamination.
1c.
By way of derogation from
paragraphs 1, 1a and 1b,
Member States that have, on 31
December 2015, rules in place
providing that products
containing non-authorised
products and substances above a
certain level cannot be marketed
as organic, may continue to apply
these rules until 31 December
2020 provided that these rules do
not prohibit, restrict or impede
the placing on the market as
organic of products produced in
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other Member States in
compliance with the
requirements of this Regulation.
Member States who apply this
provision shall inform the
Commission without delay.
2.
The control authority or
control body shall keep records of
the investigations carried out.
By 31 March of each year,
Member States shall transmit to
the Commission the relevant
information, including
information collected at border
control posts, relating to the
previous year concerning the
nature of contamination detected,
and in particular the cause, the
source, the level of contamination
and the volume and nature of
products contaminated.
By 31 December 2020 at the
latest, the Commission shall
present a report to the European
Parliament and the Council on
the state of play of
implementation of this article and
on the presence of products or
substances not authorised in
accordance with Article 19 which
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had been detected in organic
products. This report may be
accompanied, if appropriate, by a
legislative proposal..
3.
The Commission shall
adopt implementing acts laying
down uniform rules concerning:
-
the methodology to be
used in order to detect and
evaluate the presence of
products or substances that
have not been authorised in
accordance with Article 19;
-
the procedures to be
followed in case the
presence of products or
substances that have not
been authorised in
accordance with Article 19
is detected;
-
the details of
information referred to in
paragraph 2 and the format
in which it will be
transmitted.
-
measures to avoid the
risks of contamination of
organic products with non-
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authorised products or
substances as referred to in
paragraph 1a.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Article 26f
Implementing powers in relation
to official controls for organic
production and labelling of
organic products
The Commission may, by means
of implementing acts, lay down
rules establishing uniform
modalities and specific
requirements for the
performance of official controls
and other official activities
carried out in relation to organic
production and labelling of
organic products, as regards:
(a) the specific tasks of
the competent authorities;
(b) methods and
techniques for the
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performance of official
controls;
(c)
the range of samples
and the stage of production,
processing and distribution
where the sample shall be
taken according to the
methods to be used for
sampling and laboratory
analysis;
(d) the modalities for
establishing the likelihood
of non-compliance and the
frequency of sampling;
(e)
specific reporting
obligations for the
competent authorities, the
control authorities and the
control bodies;
(f)
specific obligations,
arrangements and
undertakings by operators;
(g) the cases where the
competent authorities, in
relation to specific
suspicion of non compliance
and established non-
compliance are to take one
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or more of the actions and
measures referred to in
Article 26d (1) and (2);
(h) the exchange of
information between
competent authorites,
control authorities and
control bodies concerning
cases of non-compliance or
likelihood of non-
compliance including the
exchange of relevant
information on the results
of their controls upon a
request duly justified by the
need to guarantee that a
product has been produced
in accordance with this
Regulation.
(i)
the elements referred
to in subparagraph 1 of
Article 26b(2) to determine
the risk-profile referred to
in subparagraph 2 of
Article 26b(2) for those
Member States that decide
to exempt operators and
groups of operators from
the annual physical on-the-
spot inspection in
accordance with
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subparagraph 2 of Article
26b(2).
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Amendment 226
Article 26 (a) (new)
Article 26a
Duties of competent authorities in the event of
non-compliance
Competent authorities shall:
(a) ensure, in the event of non-compliance
affecting the status of organic products
throughout any of the stages of production,
preparation and distribution and export, in
particular arising from the use of prohibited
or non-authorised substances and techniques
or commingling with non-organic products,
that no reference is made to organic
production in the labelling and advertising of
the entire lot or production run concerned;
(b) ensure, in the event of repetitive,
continued or fraudulent non-compliance, that
the operators or group of operators
concerned, in addition to being subjected to
the measures referred to in point (a) of this
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Article, are prohibited from marketing
products which refer to organic production,
and that their organic certificate is suspended
or withdrawn as appropriate.
Amendment 227
Article 26 (b) (new)
Article 26b
Exchange of information and administrative
cooperation
1. Administrative cooperation between
Member States, control bodies, control
authorities and competent authorities,
including for the purposes of applying Article
20a(2), shall be based on the requirements
laid down in Title 4 of the Official controls
Regulation.
2. Upon a request duly justified by the need to
guarantee that a product has been produced
in accordance with this Regulation, the
competent authorities, control authorities and
control bodies shall exchange relevant
information on the results of their controls
with other competent authorities, control
authorities and control bodies. They may also
exchange such information on their own
initiative.
3. Information concerning substantiated
suspicions and non-compliance affecting the
organic status of a product shall be
immediately communicated between the
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competent authorities, control authorities,
control bodies, operators and Member States
involved, the Commission and the operators
affected. The level of communication shall
depend on the seriousness and extent of the
substantiated suspicion or confirmed non-
compliance.
4. A national stakeholder panel including
control authorities, control bodies and
representatives of the organic sector shall be
established.
Amendment 228
Article 26 (c) (new)
Article 26c
Delegated powers with regard to the control
system
In order to supplement the rules relating to
the control system provided for in Article 23a
and 24a, and to ensure their full compatibility
with the Official controls Regulation, the
Commission shall be empowered to adopt
delegated acts in accordance with Article 36
laying down rules on:
(a) the specific responsibilities and tasks of
the competent authorities and control
authorities, in addition to those provided for
in this Chapter and in Articles 4, 8, 9, 10(1),
11 to 13, 34(1) and (2), and 36 of the Official
controls Regulation;
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(b) risk assessment requirements additional to
those referred to in this Chapter and in Article
8(1) of the Official controls Regulation,
taking into account the risk of non-
compliance;
(c) the conditions under which certain
operators are to be exempted from certain
controls;
(d) methods and techniques for controls
additional to those referred to in Article 13
and Article 33(1) to (5) of the Official controls
Regulation, and specific requirements for the
carrying-out of controls designed to ensure
the traceability of organic products at all
stages of production, preparation and
distribution;
(e) actions and measures additional to those
provided for in Article 20a and Chapter V of
this Regulation and in Article 134(2) and (3)
of the Official controls Regulation in cases of
suspected non-compliance, criteria additional
to those referred to in the second
subparagraph of Article 135(1) of the Official
controls Regulation, and criteria and
measures additional to those provided for in
Article 135(2) of the Official controls
Regulation and in Article 26a of this
Regulation in the event of non-compliance;
(f) specific criteria and conditions for the
activation and functioning of the
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administrative assistance mechanisms
provided for in Title IV of the Official controls
Regulation, including the exchange of
information between competent authorities,
control authorities and control bodies
concerning instances of non-compliance or
the likelihood of non-compliance.
Amendment 229
Article 26 (d) (new)
Article 26d
Implementation of this Regulation
By 1 January 2020, the Commission shall
establish the necessary administrative
structures within competent Union authorities
so as to fulfil its responsibilities with regard to
improved harmonisation and implementation
of this Regulation in Member States,
specifically concerning controls within the
Union and imports from third countries, and
improved communication between Member
States and with the Union's Institutions.
The tasks to be carried out by those structures
are set out in Annex Va.
Chapter VI
Trade with third countries
Commission proposal unchanged
Article 27
Amendment 230
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Article 27
Export of organic products
Commission proposal unchanged
deleted
1.
A product may be exported
1.
A product may be exported
deleted
from the Union as organic and bear from the Union as organic and bear
the organic production logo of the
the organic production logo of the
European Union if it complies with
European Union if it complies with
this Regulation.
this Regulation.
However, a product intended to be
However, a product intended to
exported as organic to a third
be exported as organic to a third
country which is recognised in
country which is recognised in
accordance with Article 31 may be
accordance with Article 31 may
exported to that third country if it
be exported to that third country
complies with that third country’s
if it complies with that third
requirements to be placed on the
country’s requirements to be
market in that third country as
placed on the market in that
organic.
third country as organic.
2.
In order to avoid creating
2.
In order to avoid creating
deleted
unequal conditions for operators
unequal conditions for operators
when exporting to third countries,
when exporting to third
the Commission shall be
countries, the Commission shall
empowered to adopt delegated acts
be empowered to adopt delegated
in accordance with Article 36
acts in accordance with Article 36
concerning specific rules for
concerning specific rules for
exports of organic products to a
exports of organic products to a
third country which is recognised in third country which is recognised
accordance with Article 31.
in accordance with Article 31.
3.
In order to ensure fair
3.
In order to ensure fair
deleted
competition among operators, the
competition among operators,
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Commission shall be empowered to
Tthe Commission
shall be
adopt delegated acts in accordance
empowered to may adopt
with Article 36 concerning
delegated implementing acts
in
documents intended for customs
accordance with Article 36 laying
authorities in third countries, in
down specific details concerning
particular as regards an organic
documents intended for customs
export certificate issued in
authorities in third countries, in
electronic form wherever possible
particular as regards an organic
and providing assurance that
export certificate issued in
exported organic products comply
electronic form wherever possible
with this Regulation.
and providing assurance that
exported organic products comply
with this Regulation.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
Article 28
Import of organic products
Commission proposal unchanged
Commission proposal unchanged
Amendment 231
Article 28 (1)
1.
A product may be imported
1.
A product may be imported
1. A product may be imported from a third
from a third country in order to be
from a third country in order to be
country in order to be placed on the market
placed on the market within the
placed on the market within the
within the Union as organic
or as a plant
Union as organic if the following
Union as organic
or as in
product in conversion if the following
conditions are met:
conversion if the following
conditions are met:
conditions are met:
(a)
the product is an organic
(a)
the product is a
n
(a) the product is an organic product as referred
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product as referred to in
organic product as referred
to in Article 2(1);
Article 2(1);
to in Article 2(1);
(b)
the product:
Commission proposal unchanged
(b) the product:
(i)
complies with
(i) complies with Chapters
(i) complies with Chapters II, III and IV
and
Chapters II, III and IV and
II, III and IV and all
with all relevant implementing rules and all
all operators, including
operators,
and group of
operators, including
groups of operators, and
the exporters in the third
operators including the
exporters in the third country concerned, have
country concerned, have
exporters in the third
been subject to the control of control
been subject to the control
country concerned, have
authorities or control bodies recognised in
of control authorities or
been subject to the control
accordance with Article 29
and the product,
control bodies recognised
of control authorities or
upon being imported, is provided by those
in accordance with Article
control bodies recognised
authorities or control bodies with a certificate
29; or
in accordance with Article
of inspection confirming that all operators
29
and are provided by
and their products are in compliance with this
these authorities or
Regulation; or
bodies with a certificate
confirming that all
operators or groups of
operators are in
compliance with this
Regulation; or
(ii)
comes from a third
(ii)
comes from a
(ii) comes from a third country which is
country which is
third country which is
recognised in accordance with:
recognised in accordance
recognised in accordance
with:
with
: Article 30; or
Article 31
;.
and complies
with the equivalent
production and control
rules of that third
country and is imported
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with a certificate of
inspection issued by the
competent authorities,
control authorities or
control bodies of that
third country confirming
this compliance; or
- Article 30; or
– Article 30; or
- Article 31;
– Article 31;
(iia)
comes from a
third country which is
recognised in accordance
with Article 30 and
complies with the
conditions laid down in
the relevant trade
agreement;
(c)
the
operators in third countries
(c)
the operators in third
(c) the
exporters in third countries are able to
are able to provide at any time, to
countries are able to provide
provide at any time, to
their control bodies, the
the importers
or the national
at any time, to the importers
importers
and the national authorities
,
authorities information
allowing the
or the national authorities
information
enabling all operators who carried
identification of the operator who
information allowing the
out
operations to be identified, including the
carried out the last operation with a
identification of the operator
respective control authority or control body,
view to ensuring the traceability of
who carried out the last
with a view to ensuring the traceability of the
the organic product.
operation
and his control
organic product
back to all operators involved.
authority or control body
The exporters shall make such information
with a view to ensuring the
available to the control bodies or control
traceability of the organic
authorities of the importers.
product.
This information
After (a date, to be inserted which corresponds
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shall be made available also to 5 years following the date of application of
to the control bodies or the
this Regulation), by way of derogation from
control authorities of the
point (b)(i) of the first subparagraph, when a
importers.
product cannot comply with Chapters II, III
and IV in a given third country because of
specific climate and local conditions, and in
order to avoid a supply disruption of the
internal market for that specific product, the
Commission shall be empowered to adopt
delegated acts in accordance with Article 36
laying down specific conditions according to
which the product may be imported from the
third country in order to be placed on the
market within the Union as an organic
product. Such specific conditions shall apply
for a maximum of (2) years. Such specific
conditions shall also apply from ...(the date of
application of this Regulation) to the
outermost regions of the Union where the
product concerned is also produced.
Amendment 232
Article 28 (2)
2.
In order to ensure the
2.
In order to ensure the
2. In order to ensure the traceability of the
traceability of the imported products
traceability of the imported
imported products intended to be placed on the
intended to be placed on the market
products intended to be placed on market within the Union as organic
and their
within the Union as organic,
the
the market within the Union as
compliance with this Regulation, the
Commission shall be empowered to
organic, the Commission shall be
Commission shall adopt implementing acts
adopt delegated acts in accordance
empowered to adopt delegated
laying down specific rules for the content of
with Article 36 concerning
acts in accordance with Article 36 the certificates referred to in paragraph 1 and
documents, issued in electronic
concerning documents, issued in
the procedure to be followed for the
form wherever possible, that are
electronic form wherever
establishment and control of those certificates,
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necessary for the purposes of
possible, that are necessary for
in particular concerning
the role of the
import.
the purposes of import. The
competent authorities, control authorities and
traceability of imported products
control bodies, and the possibility of taking
intended to be placed on the
regional differences into account in balancing
market within the Union as
ecological, climate and local conditions, as
organic and their compliance
well as practical conditions regarding specific
with this Regulation have to be
production matters.
ensured. The Commission shall
Those implementing acts shall be adopted in
by way of implementing acts lay
accordance with the examination procedure
down specific rules concerning
referred to in Article 37(2).
the content of the certificates
referred to in paragraph 1 and
the procedure to be followed for
their issuance and verification, in
particular as regards the role of
competent authorities, control
authorities and control bodies
and the possibility to take into
account regional differences in
ecological balance, climate and
local conditions, as well as
specific production practices.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37 (2).
Amendment 233
Article 28 (2) (a) (new)
2a. The provisions relating to Commission
supervision in third countries shall be
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Commission proposals
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strengthened. It is also important to
strengthen supervision and controls in
equivalence agreements with third countries.
Amendment 234
Article 28 (3)
3.
The respect of the conditions
3.
The respect of the conditions
3. The respect of the conditions and measures
and measures for the import of
and measures for the import of
for the import of organic products into the
organic products into the Union shall organic products into the Union
Union shall be ascertained
by the control
be ascertained at border control
shall be ascertained at border
provisions laid down in Chapter V and at
posts, in accordance with Article
control posts, in accordance with
border control posts, in accordance with Article
45(1) of
Regulation (EU) No
Article 45(1) of Regulation (EU)
45(1) of
the Official controls Regulation.
XXX/XXX (Official controls
No XXX/XXX (Official controls
regulation
). The physical checks
regulation). The physical checks
referred to in Article 47(3) of that
referred to in Article 47(3) of that
Regulation shall be performed at a
Regulation shall be performed at a
frequency dependent on the risk of
frequency dependent on the
risk
non-compliance with this
likelihood of non-compliance with
Regulation.
this Regulation.
Article 29
Amendment 235
Article 29 - title
Recognition of control
authorities
Commission proposal unchanged
Recognition of control bodies
and control bodies
1.
The Commission may adopt
1.
The Commission may adopt
Commission proposal unchange
implementing acts recognising, or
implementing acts recognising, or
withdrawing the recognition of
withdrawing the recognition of
control authorities and control
control authorities and control
bodies which fulfil the criteria set
bodies
which fulfil the criteria set
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Commission proposals
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out in a delegated act adopted
out in a delegated act adopted
pursuant to paragraph 7 and which
pursuant to paragraph 7 and
are competent to carry out controls
which are competent to carry out
in third countries, and establishing a
controls
and to issue an organic
list of those control authorities and
certificate in third countries, and
control bodies. Those implementing
establishing a list of those control
acts shall be adopted in accordance
authorities and control bodies.
with the examination procedure
Those implementing acts shall be
referred to in Article 37(2).
adopted in accordance with the
examination procedure referred to
in Article 37(2).
1a.
The control authorities or
control bodies shall be recognised
for the import of the categories of
products as listed in Article
25(5a).
1b. In order to be recognised,
the control authorities and
control bodies shall fulfil the
following criteria:
(a) control authorities
and control bodies shall be
legally established in one
Member State or third
country;
(b) control authorities
and control bodies shall
have the capacity to carry
out controls to ensure that
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Commission proposals
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the conditions set out in
Article 28(1)(a), (b)(i) and
(c) and in this Article are
met for organic products
intended for import into the
Union;
(c)
control authorities
and control bodies shall
offer adequate guarantees
of objectivity and
impartiality and be free
from any conflict of interest
as regards the exercise of
control tasks;
(d) control bodies shall be
accredited to the relevant
harmonised standard for
‘Conformity assessment –
Requirements for bodies
certifying products,
processes and services’, the
reference of which has been
published in the Official
Journal of the European
Union;
(e)
control authorities
and control bodies shall
have the expertise,
equipment and
infrastructure required to
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carry our control tasks and
a sufficient number of
suitable qualified and
experienced staff;
(f)
additional criteria that
may be laid down in a
delegated act, adopted
pursuant to paragraph 7.
2.
The control bodies shall be
2.
The control bodies shall be
Commission proposal unchange
accredited to the relevant
accredited to the relevant
harmonised standard for
harmonised standard for
‘Conformity assessment –
‘Conformity assessment –
Requirements for bodies certifying
Requirements for bodies
products, processes and services’,
certifying products, processes
the reference of which has been
and services’, the reference of
published in
the Official Journal of
which has been published in the
the European Union.
Official Journal of the European
Union.
3.
The accreditation referred to in 3.
The accreditation referred to
Commission proposal unchange
paragraph 2 may only be granted by: in paragraph
2 1b(d) may only be
granted by:
(a)
a national accreditation
(a)
a national accreditation
Commission proposal unchange
body in the Union in
body in the Union in
accordance with Regulation
accordance with Regulation
(EC) No 765/2008 of the
(EC) No 765/2008 of the
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Commission proposals
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European Parliament and of
European Parliament and of
the Council
57; or
the Council
58; or
Amendment 236
Article 29 (3) (b)
(b)
an accreditation body
Commission proposal unchanged
(b) an accreditation body outside the Union that
outside the Union that is a
is a signatory
to a multilateral recognition
signatory
of a multilateral
arrangement
for product certification under the
recognition arrangement under
auspices of the International Accreditation
the auspices of the
Forum
or its regional bodies, and which has
International Accreditation
proven competence in the accreditation of
Forum.
organic certification.
4.
When examining requests for
4.
Control authorities and
Commission proposal unchanged
recognition, the Commission shall
control bodies shall submit to the
invite the control authority or control
Commission a request for
body to supply all the necessary
recognition consisting of a
information.
technical dossier containing all
the information needed to ensure
The recognised control bodies or
that the criteria set out in
control authorities shall provide the
paragraph 1b are met. When
certificate issued by the accreditation examining requests for recognition,
body or respectively the assessment
the Commission shall invite the
report issued by the competent
control authority or control body to
authority, and, as appropriate,
supply all the necessary
reports on the regular on-the-spot
57
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and
market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
58
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and
market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
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Commission proposals
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evaluation, surveillance and
information.
multiannual re-assessment of their
The
recognised control bodies or
activities.
control authorities shall provide the
accreditation certificate issued by
the accreditation body or
respectively the
latest assessment
report issued by the competent
authority, and, as appropriate,
latest reports on the regular on-the-spot
evaluation, surveillance and
multiannual re-assessment of their
activities.
5.
Based on the information
5.
Based on the information
Commission proposal unchanged
referred to under paragraph 4, the
referred to under paragraph 4
and
Commission shall ensure appropriate
on any other relevant
supervision of the recognised control
information related to the control
authorities and control bodies by
authority or control body, the
regularly reviewing their
Commission shall ensure
recognition. For the purposes of that
appropriate supervision of the
supervision, the Commission may
recognised control authorities and
request additional information from
control bodies by
continuously
the accreditation bodies or, as
regularly reviewing their
appropriate, the competent
performance and recognition. For
authorities.
the purposes of that supervision, the
Commission may request additional
information from the accreditation
bodies or, as appropriate, the
competent authorities.
6.
The nature of the supervision
6.
The nature of the supervision
Commission proposal unchanged
shall be determined on the basis of
shall be determined on the basis of
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Commission proposals
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an assessment of the risk of non-
an assessment of the
risk
compliance.
likelihood of non-compliance
taking into account in particular
the activity of the control
authority or control body, the
type of products and operators
under its control and the changes
in the production standard and
control measures.
Amendment 237
Article 29 (7)
7.
In order to ensure the
7.
In order to ensure the
7. In order to ensure the transparency of the
transparency of the recognition and
transparency of the recognition and
recognition and supervision procedures, the
supervision procedures, the
supervision procedures, the
Commission shall be empowered to adopt
Commission shall be empowered to
Commission shall be empowered to delegated acts in accordance with Article 36
adopt delegated acts in accordance
adopt delegated acts in accordance
supplementing the criteria to be applied to the
with Article 36
concerning the
with Article 36
concerning
recognition, or the withdrawal of the
criteria to be applied to the
supplementing the criteria
laid
recognition, of the control bodies referred to in
recognition, or the withdrawal of the
down in paragraph 1b to be
paragraph 1, as well as
laying down provisions
recognition, of the control
applied to the recognition, or the
concerning the exercise of the supervision by
authorities and control bodies
withdrawal of the recognition, of
the Commission, including through on-the-spot
referred to in paragraph 1, as well as
the control authorities and control
examinations.
In the event that serious or
concerning the exercise of the
bodies referred to in paragraph 1, as
repeated infringements of the rules governing
supervision by the Commission,
well as
laying down provisions
inspection and certification are detected,
including through on-the-spot
concerning the exercise of the
recognition of the control bodies concerned
examination.
supervision by the Commission,
shall be immediately withdrawn, in the third
including through on-the-spot
countries concerned as well as throughout the
examination.
Union market, in respect of national
accreditation bodies established in the Union
in accordance with Regulation (EC) No
765/2008.
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Commission proposals
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7a.
The Commission shall
adopt implementing acts laying
down specific rules concerning
the procedure to be followed for
the recognition of the control
authorities and control bodies
referred to in paragraph 1,
including the content of the
technical dossier to be submitted,
as well as the procedure to be
followed for the withdrawal of
the recognition.
Those
implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 37(2).
7b. In order to ensure
effectiveness, efficiency and
transparency of controls of
imported products, the
Commission shall be empowered
to adopt delegated acts in
accordance with Article 36
concerning the controls and other
actions to be performed by
control authorities and control
bodies recognised by the
Commission for the purpose of
this Article.
Amendment 238
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Commission proposals
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Article 29 (7) (a) (new)
7a. The Commission shall be empowered to
adopt delegated acts in accordance with
Article 36 laying down specific rules
concerning the procedure to be followed for
the recognition of the control bodies referred
to in paragraph 1, including the content of the
technical dossier to be submitted, as well as
the procedure to be followed for a withdrawal
of recognition.
Amendment 239
Article 29 (7) (b) (new)
7b. In order to ensure the effectiveness,
efficiency and transparency of controls of
imported products, the Commission shall be
empowered to adopt delegated acts in
accordance with Article 36 concerning the
controls and other actions to be performed by
control bodies recognised by the Commission
for the purpose of this Article.
Amendment 240
Article 29 (8)
8.
The Commission
may adopt
Commission proposal unchanged
8. The Commission
shall be empowered to
implementing acts to ensure the
adopt
delegated acts in accordance with
application of measures in relation to
Article 36 concerning the application of
cases of non-compliance affecting
measures in relation to cases of non-
the integrity of organic products
compliance affecting the integrity of organic
imported under the recognition
products imported under the recognition
provided for in this Article or
provided for in this Article or suspicion of such
cases. Such measures may consist in particular
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Commission proposals
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suspicion of such cases. Such
in the verification of the integrity of the organic
measures may consist in particular in
products before placing the products on the
the verification of the integrity of the
market within the Union and, where
organic products before placing the
appropriate, the suspension of the authorisation
products on the market within the
of placing on the market within the Union of
Union and, where appropriate, the
such products as organic.
suspension of the authorisation of
placing on the market within the
Union of such products as organic.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred to
in Article 37(2).
Amendment 241
Article 29 (9)
9.
On duly justified imperative
Commission proposal unchanged
9. On duly justified imperative grounds of
grounds of urgency relating to the
urgency relating to the protection against unfair
protection against unfair practices or
practices or practices which are incompatible
practices which are incompatible
with the principles and rules on organic
with the principles and rules on
production, the protection of consumers'
organic production, the protection of
confidence or the protection of fair competition
consumers' confidence or the
between operators, the Commission shall adopt
protection of fair competition
immediately applicable implementing acts in
between operators, the Commission
accordance with the procedure referred to in
shall adopt immediately applicable
Article 37(3) to decide on the withdrawal of
implementing acts in accordance
recognition of the control authorities and
with the procedure referred to in
control bodies referred to in paragraph 1 of this
Article 37(3) to
take the measures
Article.
referred to in paragraph 8 of this
Article or to decide on the
withdrawal of
the recognition of the
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Commission proposals
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control authorities and control
bodies referred to in paragraph 1 of
this Article.
Article 30
Equivalence under a trade
Commission proposal unchanged
Commission proposal unchanged
agreement
A recognised third country referred
A recognised third country referred
Commission proposal unchanged
to in the first indent of Article
to in
the first indent of Article
28(1)(b)(ii) is a third country which
28(1)(b)(ii
a) is a third country
the Union has recognised under a
which the Union has recognised
trade agreement as having a system
under a trade agreement as having a
of production meeting the same
system of production meeting the
objectives and principles by
same objectives and principles by
applying rules which ensure the
applying rules which ensure the
same level of assurance of
same level of assurance of
conformity as those of the Union.
conformity as those of the Union.
Amendment 242
Article 30 (1) (a) (new)
The Commission shall publish, and shall
provide the European Parliament and the
Council with, regular status reports on all
ongoing negotiations on such trade
agreements and a list of differences between
the production rules and the control measures
in the third country involved compared to the
rules and measures that are applied within the
Union. The final results of the negotiations
shall be presented to the European Parliament
and the Council, and shall be published,
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Commission proposals
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listing in detail any differences between the
production rules and control measures
applied in the third country concerned and
those applied in the Union.
The Commission shall present a proposal on
how to deal with the differences between the
third country in question and the European
Union when it comes to the production rules
and the control measures.
The Commission shall publish a list of the
differences between the production and
control provisions contained in all existing
trade agreements covered by this Article.
Article 31
Equivalence under Regulation
Commission proposal unchanged
Commission proposal unchanged
(EC) No 834/2007
Amendment 243
Article 31 (1) (1)
1.
A recognised third country
1.
A recognised third country
A recognised third country
as referred to in
referred to in
the second indent of
referred to in
the second indent of
point (b)(ii) of the first subparagraph of
Article
28(1)(b)(ii) is a third country
Article 28(1)(b)(ii) is a third
Article 28(1) is a third country which has been
which has been recognised for the
country which has been recognised
recognised for the
purposes of equivalence
purpose of equivalence under
for the purpose of equivalence
under Article 33(2) of Regulation (EC) No
Article 33(2) of Regulation (EC) No
under Article 33(2) of Regulation
834/2007.
834/2007
, including those
(EC) No 834/2007, including those
recognised under the transitional
recognised under the transitional
measure provided for in Article 42.
measure provided for in Article
4
20.
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Commission proposals
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The recognition of the third
The recognition of the third
countries referred to in the first
countries referred to in the first
subparagraph shall expire on [a date
subparagraph shall expire on
31
to be inserted which corresponds to
December 2022 [a date to be
5 years following the date of
inserted which corresponds to 5
application of the Regulation].
years following the date of
application of the Regulation].
Amendment 244
Article 31 (2)
2.
On the basis of annual reports
2.
On the basis of annual reports 2. On the basis of annual reports to be sent to
to be sent to the Commission, by 31
to be sent to the Commission, by 31 the Commission, by 31 March of each year, by
March of each year, by the third
March of each year, by the third
the third countries referred to in paragraph 1
countries referred to in paragraph 1
countries referred to in paragraph 1
regarding the implementation and enforcement
regarding the implementation and
regarding the implementation and
of the control measures established by them,
enforcement of the control measures
enforcement of the control
and in the light of any other information
established by them, the
measures established by them,
and
received, the Commission
, assisted by the
Commission assisted by the Member
in the light of any other
Member States
, shall ensure appropriate
States shall ensure appropriate
information received, the
supervision of the recognised third countries by
supervision of the recognised third
Commission
assisted by the
annually reviewing their recognition. The
countries by
regularly reviewing
Member States shall ensure
nature of the supervision shall be determined
their recognition. The nature of the
appropriate supervision of the
on the basis of an assessment of the risk of non-
supervision shall be determined on
recognised third countries by
compliance
, taking into account in particular
the basis of an assessment of the risk
continuously regularly reviewing
the volume of exports to the Union from the
of non-compliance.
their recognition. The nature of the
third country concerned, the results of the
supervision shall be determined on
monitoring and supervisory activities carried
the basis of an assessment of the
out by the competent authority and the results
risk likelihood of non-compliance
,
of previous controls. The Commission shall
taking into account in particular
regulary report to the European Parliament
the volume of exports to the
and the Council on the outcome of its review.
Union from that third country,
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Commission proposals
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the results of the monitoring and
supervisory activities carried out
by the competent authority and
the results of previous controls.
3.
The control bodies performing
3.
The control bodies
Commission proposal unchanged
controls in the third countries
performing controls in the third
referred to in paragraph 1 shall be
countries referred to in paragraph 1
accredited to the relevant
shall be accredited to the relevant
harmonised standard for
harmonised standard for
‘Conformity assessment –
‘Conformity assessment –
Requirements for bodies certifying
Requirements for bodies certifying
products, processes and services’,
products, processes and services’,
the reference of which has been
the reference of which has been
published in the
Official Journal of
published in the
Official Journal of
the European Union. If the
the European Union. If the
accreditation is not granted by a
accreditation is not granted by a
national accreditation body in the
national accreditation body in the
Union in accordance with
Union in accordance with
Regulation (EC) No 765/2008, it
Regulation (EC) No 765/2008, it
may only be granted by an
may only be granted by an
accreditation body outside the Union
accreditation body outside the
that is a signatory of a multilateral
Union that is a signatory of a
recognition arrangement under the
multilateral recognition
auspices of the International
arrangement under the auspices
Accreditation Forum.
of the International Accreditation
Forum.
4.
The Commission shall, by
Commission proposal unchanged
Commission proposal unchanged
means of an implementing act,
establish a list of the third countries
referred to in paragraph 1 and may
amend that list by means of
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Commission proposals
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implementing acts. Those
implementing acts shall be adopted
in accordance with the examination
procedure referred to in Article
37(2).
5.
In order to ensure the
Commission proposal unchanged
Commission proposal unchanged
management of the list of third
countries referred to in paragraph 4,
the Commission shall be empowered
to adopt delegated acts in
accordance with Article 36
concerning the information to be
sent by those third countries
necessary for the supervision of their
recognition by the Commission, as
well as the exercise of that
supervision by the Commission,
including through on-the-spot
examination.
Amendment 245
Article 31 (6)
6.
The Commission
may adopt
Commission proposal unchanged
6. The Commission
shall be empowered to
implementing acts to ensure the
adopt
delegated acts in accordance with
application of measures in relation to
Article 36 concerning the application of
cases of non-compliance affecting
common measures
and procedures for the
the
integrity of organic products
imposition of sanctions in relation to cases of
imported from third countries
non-compliance
, or suspected non-
referred to in this Article
or
compliance, affecting the
status of organic
suspicion of such cases. Such
products imported from third countries referred
measures may consist in particular in
to in this Article. Such measures may consist
,
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Commission proposals
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the verification of the
integrity of
in particular
, in verification of the
status of the
the organic products before
placing
organic products before
they are placed on the
the products on the market within
market within the Union and, where
the Union and, where appropriate,
appropriate, suspension of the authorisation
to
the suspension of the authorisation
place them on the market within the Union as
of placing on the market within the
organic
products.
Union
of such products as organic.
Those implementing acts shall be
adopted in accordance with the
examination procedure referred to
in Article 37(2).
Article 31a
Report from the Commission on
the application of Articles 30 and
31
By 31 December 2020 the
Commission shall present a
report to the European
Parliament and the Council on
the state of play concerning the
application of Articles 30 and 31,
in particular as regards the
recognition of third countries for
the purpose of equivalence.
Chapter VII
General provisions
Commission proposal unchanged
Commission proposal unchanged
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Commission proposals
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SECTION 1
FREE MOVEMENT OF
Commission proposal unchanged
Commission proposal unchanged
ORGANIC PRODUCTS
Article 32
Non-prohibition and non-
Commission proposal unchanged
Commission proposal unchanged
restriction of the marketing of
organic products
1.
Competent authorities, control
1.
Competent authorities,
Commission proposal unchanged
authorities and control bodies may
control authorities and control
not, on grounds relating to the
bodies may not, on grounds relating
production, to the labelling or to the
to the production, to the labelling or
presentation of the products, prohibit to the presentation of the products,
or restrict the marketing of organic
prohibit or restrict the marketing of
products controlled by another
organic products controlled by
competent authority, control
another competent authority,
authority or control body located in
control authority or control body
another Member State, if those
located in another Member State, if
products comply with this
those products comply with this
Regulation. In particular, no official
Regulation. In particular, no official
controls and other official activities
controls and other official activities
other than those under Regulation
other than those under Regulation
(EU) No XXX/XXX (Official
(EU) No XXX/XXX (Official
controls Regulation) may be
controls Regulation) may be
performed and no fees for official
performed and no fees for official
controls and other official activities
controls and other official activities
other than those under Article 76 of
other than those
provided for in
that Regulation may be collected.
Chapter VI under Article 76 of
that Regulation may be collected.
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Commission proposals
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Amendment 246
Article 32 (2)
2.
In order to ensure the proper
2.
In order to ensure the
deleted
functioning of the single market
proper functioning of the single
and trade between Member States,
market and trade between
the Commission shall be
Member States, the Commission
empowered to adopt delegated acts
shall be empowered to adopt
in accordance with Article 36
delegated acts in accordance with
laying down rules relating to the
Article 36 laying down rules
free movement of organic products
relating to the free movement of
for the purposes of paragraph 1 of
organic products for the purposes
this Article.
of paragraph 1 of this Article.
SECTION 2
INFORMATION AND
Commission proposal unchanged
Commission proposal unchanged
REPORTING
Article 33
Amendment 247
Article 33 - title
Information relating to the organic
Commission proposal unchanged
Information relating to the organic sector
sector
and trade
Amendment 248
Article 33 (1)
1.
Each year Member States shall 1.
Each year Member States
1. Each year Member States shall transmit to
transmit to the Commission the
shall transmit to the Commission
the Commission the
relevant statistical data for
information necessary for the
the information necessary for the
the implementation and monitoring of the
implementation and monitoring of
implementation and monitoring of
application of this Regulation.
Those data shall
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Commission proposals
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the application of this Regulation.
the application of this Regulation
,
be defined within the context of the European
including the relevant statistical
Statistical programme.
data which shall be defined
within the context of the
European Statistical programme.
The information shall relate to
the organic production of the
Member States, in particular as
regards numbers of organic
operators and groups of
operators, numbers of organic
holdings including mixed
holdings, volumes of organic crop
production per type of crop, crop
area under conversion and under
organic production, organic
livestock numbers and volumes of
organic animal products, volumes
of industrial production per type
of activity, number of organic
aquaculture animal production
sites, volume of organic
aquaculture production, number
of organic algae production sites,
volume of organic algae
production.
Amendment 249
Article 33 (2)
2.
The Commission shall adopt
Commission proposal unchanged
2. The Commission shall
be empowered to
implementing acts as regards the
adopt
delegated acts in accordance with
system to be used for transmitting
Article 36 concerning the system to be used for
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the information referred to in
transmitting the information referred to in
paragraph 1, the details of
paragraph 1, the details of information to be
information to be transmitted, and
transmitted, and the date by which that
the date by which that information is
information is to be transmitted.
to be transmitted.
Those
implementing acts shall be adopted
in accordance with the examination
procedure referred to in Article
37(2).
Article 34
Information relating to the
Commission proposal unchanged
Commission proposal unchanged
competent authorities, control
authorities and control bodies
1.
Members States shall keep a
Commission proposal unchanged
Commission proposal unchanged
regularly updated list containing:
(a)
the names and addresses
Commission proposal unchanged
Commission proposal unchanged
of the competent authorities;
(b)
the names and addresses
Commission proposal unchanged
Commission proposal unchanged
of the control authorities and
control bodies, and their code
numbers.
Member States shall make public the Member States shall
transmit
Commission proposal unchanged
list referred to in point (b) of the first
make public the
se list
s, and any
subparagraph.
change thereof, to the
Commission referred to in point
(b) of the first subparagraph.
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2.
The Commission shall publish
2.
The Commission shall
Commission proposal unchanged
annually on the internet the list of
regularly publish
annually on the
control authorities and control
internet
an updated the list of
bodies referred to in point (b) of
control authorities and control
paragraph 1.
bodies referred to in point (b) of
paragraph 1.
Article 35
Report
Commission proposal unchanged
Commission proposal unchanged
Amendment 250
Article 35
By 31 December
2021, the
By 31 December 202
41, the
1. By 31 December
2020, the Commission
Commission shall present a report to Commission shall present a report
shall present a report to the European
the European Parliament and the
to the European Parliament and the
Parliament and the Council
based on a
Council on the availability of
Council on the availability of
foresight study including data collected and
organic plant reproductive material
organic plant reproductive material
, analysis carried out in all Member States, and
and animals for breeding purposes.
and animals for breeding purposes
dealing specifically with the following items:
and young stock of aquaculture
animals. This report shall be
accompanied, if appropriate, by a
legislative proposal.
(a) an analytical part on the state of
development of organic farming and progress
made as regards:
– identification of the causes of limited access
to organic plant and animal reproductive
material as well as organic input in general
on the Union market;
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– specific data on the availability of organic
plant reproductive material and feed;
– the availability of young poultry and parent
animals for poultry production, including
stocking density criteria, feeding, health care,
animal welfare and disease management;
– the selection of species and sub-species
arising from differences in climate, soil,
altitude and geography;
– the situation of organic pig farming and
poultry farming, including stocking density
criteria, feeding, health care, animal welfare,
and disease management;
– the availability of aquaculture juveniles on
the Union market;
(b) a strategic part on measures applied or
needed to improve the performance of organic
farming and its institutional framework,
including:
– support measures established or still needed
in order to close the gaps identified;
– a development plan including measures
aimed at providing support to operators who
have committed to developing organic plant or
animal reproductive material. Such measures
may include support for necessary investment
by private operators in production facilities,
quality control measures, distribution systems
and pre-marketing research and development.
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2. In relation to assessing the availability of
organic plant reproductive material, the study
referred to in paragraph 1 shall also evaluate,
for each relevant sub-market, the diversity of
available material and the operators providing
them, the current demand for such material
and the demand forecast for the next five
years.
For the purposes of the study, a sub-market
shall mean the tuple of a crop (defined as a
botanical species or subspecies, e.g. Brassica
oleracea) and a region, the region in question
not being larger than a Member State. A
Member State shall be divided into as many
regions as may be necessary in terms of
different growing conditions based on climate,
soil types, and altitude or land use
characteristics resulting in demand for plant
reproductive material that differs from one
region to another, with a view to comparing
the regional markets in a fair and non-
discriminatory manner. The study shall also
consider project grants for the breeding of
new varieties suitable for organic agriculture,
participatory capital for small and medium-
sized enterprises dedicated to offering organic
plant reproductive material and marketing
support through websites run by the
Commission and Member States.
3. If appropriate, the report shall be
accompanied by a legislative proposal.
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4. By 31 December 2020 at the latest, the
Commission shall present a report to the
European Parliament and the Council on the
presence of products or substances not
authorised in accordance with Article 19
which have been detected in organic products,
including on exchanges of information
between competent authorities, control
authorities and control bodies and exchanges
of relevant information on the results of
controls. The report may be accompanied,
where appropriate, by a legislative proposal
establishing the levels of unauthorised
products or substances applicable to organic
products and the systems for compensating
operators for losses in connection with
contamination where they have taken proper
measures which may reasonably be
implemented to prevent the risk of
contamination.
Chapter VIII
Procedural, transitional and final
Commission proposal unchanged
Commission proposal unchanged
provisions
SECTION 1
PROCEDURAL PROVISIONS
Commission proposal unchanged
Commission proposal unchanged
Article 36
Exercise of the delegation
Commission proposal unchanged
Commission proposal unchanged
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1.
The power to adopt delegated
Commission proposal unchanged
Commission proposal unchanged
acts is conferred on the Commission
subject to the conditions laid down
in this Article.
1a.
The delegation of power
referred to in Articles [……….]
shall be conferred on the
Commission for a period of 5
years from the date of application
of this Regulation. The
Commission shall draw up a
report in respect of the delegation
of power no later than nine
months before the end of the 5-
year period. The delegation of
power shall be tacitly extended
for periods of an identical
duration, unless the European
Parliament or the Council
opposes such extension not later
than three months before the end
of each period.
2.
The delegation of power
Commission proposal unchanged
Commission proposal unchanged
referred to in [……….] may be
revoked at any time by the
European Parliament or by the
Council. A decision to revoke shall
put an end to the delegation of the
power specified in that decision. It
shall take effect on the day following
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the publication of the decision in the
Official Journal of the European
Union or at a later date specified
therein. It shall not affect the validity
of any delegated acts already in
force.
3.
As soon as it adopts a
Commission proposal unchanged
Commission proposal unchanged
delegated act, the Commission shall
notify it simultaneously to the
European Parliament and to the
Council.
4.
A delegated act adopted
Commission proposal unchanged
Commission proposal unchanged
pursuant to […..] shall enter into
force only if no objection has been
expressed either by the
European Parliament or by the
Council within a period of two
months of notification of that act to
the European Parliament and the
Council or if, before the expiry of
that period, the European Parliament
and the Council have both informed
the Commission that they will not
object. That period shall be extended
by two months at the initiative of the
European Parliament or of the
Council.
Article 37
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Committee procedure
Commission proposal unchanged
Commission proposal unchanged
1.
The Commission shall be
Commission proposal unchanged
Commission proposal unchanged
assisted by a Committee called the
‘Organic production Committee’.
That committee shall be a committee
within the meaning of Regulation
(EU) No 182/2011.
2.
Where reference is made to
Commission proposal unchanged
Commission proposal unchanged
this paragraph, Article 5 of
Regulation (EU) No 182/2011
shall apply.
3.
Where reference is made to
Commission proposal unchanged
Commission proposal unchanged
this paragraph, Article 8 of
Regulation (EU) No 182/2011, in
conjunction with Article 5 thereof,
shall apply.
3a.
In the case of implementing
acts referred to in this Regulation
where the Committee delivers no
opinion, the Commission shall not
adopt the draft implementing act
and the third subparagraph of
Article 5(4) of Regulation (EU)
No 182/2011 shall apply.
SECTION 2
REPEAL, AMENDMENTS,
Commission proposal unchanged
Commission proposal unchanged
TRANSITIONAL AND FINAL
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PROVISIONS
Article 38
Repeal
Commission proposal unchanged
Commission proposal unchanged
Regulation (EC) No 834/2007 is
Commission proposal unchanged
Commission proposal unchanged
repealed.
However, Regulation (EC) No
Commission proposal unchanged
Commission proposal unchanged
834/2007 shall continue to apply for
the purposes of completing the
examination of pending applications
from third countries, as provided for
in Article 42 of this Regulation.
Amendment 251
Article 39
Article 39
deleted
Article 39
Transitional measures relating to
deleted
conversion to organic farming
Transitional measures relating to
conversion to organic farming
In order to ensure a smooth
In order to ensure a smooth
deleted
transition from the old to the new
transition from the old to the new
legal framework, the Commission
legal framework, the Commission
shall be empowered to adopt
shall be empowered to adopt
delegated acts in accordance with
delegated acts in accordance with
Article 36 concerning rules
Article 36 concerning rules
providing for a derogation from
providing for a derogation from
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Article 8(3) in relation to
Article 8(3) in relation to
conversion periods for farmers
conversion periods for farmers
initiating conversion before the
initiating conversion before the
entry into force of this Regulation
entry into force of this
Regulation.
Amendment 252
Article 39 (a) (new)
Article 39a
Transitional measures
1. Where necessary, to facilitate the transition
from the rules established by Regulation (EC)
No 834/2007 to this Regulation shall be
adopted in accordance with the procedure
referred to in Article 37(2).
2. Transitional measures that can be applied
when new provisions are adopted in
forthcoming regulation:
(a) When it is justified according to certain
conditions, Member States can apply a
transitional period when new EU provisions
introduced;
(b) The conditions are decided by delegated
acts in the organic EU Regulation;
(c) conditions should protect operators against
risk of market distortion and avoid confusion
about the identity or profile of organic
products amongst consumers.
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3. Those conditions should be:
- The Member State has to demonstrate that
the production is that small that export is not
relevant.
- The Member State has to demonstrate that
he national production is that small that it
does not make any competition against
imported products of the same category.
4. To guarantee full transparency, a Member
State that apply a transitional period
according to this article has to notify and send
the relevant justification to the Commission
and to other Member States;
5. A Member State can only apply a
transitional period for maximum 2 - 5 years.
Amendment 253
Article 40
Article 40
Deleted
Article 40
Transitional measures relating to
deleted
the origin of plant reproductive
Transitional measures relating to
material, animals for breeding
the origin of plant reproductive
purposes and young stock of
material, animals for breeding
aquaculture animals
purposes and young stock of
aquaculture animals
In order to ensure a smooth
In order to ensure a smooth
deleted
transition between the rules on
transition between the rules on
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organic origin of plant reproductive organic origin of plant
material provided for in Article
reproductive material provided
12(1)(i) of Regulation (EC) No
for in Article 12(1)(i) of
834/2007 and on animals for
Regulation (EC) No 834/2007 and
breeding purposes provided for in
on animals for breeding purposes
Article 14(1)(a)(ii) of that
provided for in Article 14(1)(a)(ii)
Regulation and on young stock of
of that Regulation and on young
aquaculture animals provided for in stock of aquaculture animals
Article 15(1)(a)(ii) of that
provided for in Article 15(1)(a)(ii)
Regulation and the exception to
of that Regulation and the
production rules that the
exception to production rules that
Commission adopted pursuant to
the Commission adopted
Article 22 of Regulation (EC) No
pursuant to Article 22 of
834/2007, and the new production
Regulation (EC) No 834/2007,
rules for plants and plant products
and the new production rules for
and livestock and seaweed and
plants and plant products and
aquaculture animals provided for in livestock and seaweed and
Articles 10(1) and 11(1) and 12(1) ,
aquaculture animals provided for
respectively, of this Regulation, the
in Articles 10(1) and 11(1),
Commission shall be empowered to
respectively, of this Regulation,
adopt delegated acts in accordance
the Commission shall be
with Article 36 providing for
empowered to adopt delegated
exceptions where granting
acts in accordance with Article 36
exceptions is deemed necessary in
providing for exceptions where
order to ensure access to plant
granting exceptions is deemed
reproductive material and live
necessary in order to ensure
animals for breeding purposes and
access to plant reproductive
young stock of aquaculture
material and live animals for
animals, that may be used in
breeding purposes and young
organic production. The delegated
stock of aquaculture animals,
acts adopted under this Article shall that may be used in organic
cease to apply on 31 December
production. The delegated acts
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2021.
adopted under this Article shall
cease to apply on 31 December
2021.
Article 41
Transitional measures relating to
Commission proposal unchanged
Commission proposal unchanged
control authorities and control
bodies recognised under Article
33(3) of Regulation (EC) No
834/2007
1.
The recognition of control
1.
The recognition of control
Commission proposal unchanged
authorities and control bodies
authorities and control bodies
granted under Article 33(3) of
granted under Article 33(3) of
Regulation (EC) No 834/2007 shall
Regulation (EC) No 834/2007 shall
expire on [31 December 2018] at the expire on [31 December 201
98] at
latest.
the latest.
2.
The Commission shall, by
Commission proposal unchanged
Commission proposal unchanged
means of an implementing act,
establish a list of the control
authorities and control bodies
recognised under Article 33(3) of
Regulation (EC) No 834/2007 and
may amend that list by means of
implementing acts. Those
implementing acts shall be adopted
in accordance with the examination
procedure referred to in Article
37(2).
3.
In order to ensure the
Commission proposal unchanged
Commission proposal unchanged
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management of the list of control
authorities and control bodies
referred to in paragraph 2, the
Commission shall be empowered to
adopt delegated acts in accordance
with Article 36 concerning the
information to be sent by those
control authorities and control
bodies necessary for the supervision
of their recognition by the
Commission, as well as the exercise
of that supervision by the
Commission, including through on-
the-spot examination.
Article 42
Transitional measures relating to
Commission proposal unchanged
Commission proposal unchanged
applications from third countries
submitted under Article 33(2) of
Regulation (EC) No 834/2007
1.
The Commission shall
Commission proposal unchanged
Commission proposal unchanged
complete the examination of
applications from third countries
submitted under Article 33(2) of
Regulation (EC) No 834/2007 which
are pending at the date of entry into
force of this Regulation. Regulation
(EC) No 834/2007 shall apply to the
examination of such applications.
2.
In order to facilitate the
Commission proposal unchanged
Commission proposal unchanged
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completion of the examination of the
applications referred to in paragraph
1, the Commission shall be
empowered to adopt delegated acts
in accordance with Article 36
concerning the procedural rules
necessary for the examination,
including on the information to be
submitted by the third countries.
Article 43
Transitional measures for stocks
Commission proposal unchanged
Commission proposal unchanged
of organic products produced in
accordance with Regulation (EC)
No 834/2007
Products produced in accordance
Products produced in accordance
Commission proposal unchanged
with Regulation (EC) No 834/2007
with Regulation (EC) No 834/2007
and placed on the market before 1
and placed on the market before 1
July 2017 may continue to be
JulyJanuary 201
87 [date of
marketed after that date until stocks
application of this Regulation]
are exhausted.
may
continue to be
placed on the
market marketed after that date
until stocks are exhausted.
Amendment 254
Article 44
Article 44
deleted
Article 44
Amendments to Regulation (EU)
deleted
Amendments to Regulation (EU)
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Commission proposals
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No […][on official controls]
No […][on official controls]
Regulation (EU) No XXX/XXXX
Regulation (EU) No XXX/XXXX
deleted
(Official controls Regulation) is
(Official controls Regulation) is
amended as follows:
amended as follows:
1.
In Article 2, points 38 and 39
1.
In Article 2, points 38 and
deleted
are replaced by the following:
39 are replaced by the following:
"38. 'delegated body' means a third
"38. 'delegated body' means a
deleted
party to which the competent
third party to which the
authorities have delegated specific
competent authorities have
official control tasks or other
delegated specific official control
official activities;
tasks or other official activities;
39. 'control authority for organic
39. 'control authority for organic
deleted
production and labelling of organic production and labelling of
products' means a public
organic products' means a public
administrative organisation of a
administrative organisation of a
Member State to which the
Member State to which the
competent authorities have
competent authorities have
conferred, in whole or in part, their
conferred, in whole or in part,
competences in relation to the
their competences in relation to
application of the Union legislation
the application of the Union
in the area referred to in Article
legislation in the area referred to
1(2)(j), including, where
in Article 1(2)(j), including,
appropriate, the corresponding
where appropriate, the
authority of a third country or
corresponding authority of a
operating in a third country;";
third country or operating in a
third country;";
2.
Article 3 is amended as
2.
Article 3 is amended as
deleted
follows:
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follows:
(a)
Paragraph 3 is replaced
(a) Paragraph 3 is
deleted
by the following:
replaced by the following:
"3. Competent authorities
"3. Competent authorities
deleted
responsible for the
3responsible for the
verification of compliance
verification of compliance
with the rules referred to in
with the rules referred to in
point (j) of Article 1(2) may
point (j) of Article 1(2) may
confer official control tasks or
confer official control tasks
other official activities to one
or other official activities to
or more control authorities
one or more control
for organic production and
authorities for organic
labelling of organic products.
production and labelling of
In such cases, they shall
organic products. In such
allocate a code number to
cases, they shall allocate a
each of them.";
code number to each of
them.";
(b)
In paragraph 4, point
(b) In paragraph 4, point
deleted
(c) is replaced by the
(c) is replaced by the
following:
following:
" (c) the control authorities
" (c) the control authorities
deleted
for organic production and
for organic production and
labelling of organic products
labelling of organic
referred to in paragraph 3;";
products referred to in
paragraph 3;";
3.
Article 23 is replaced by the
3.
Article 23 is replaced by the deleted
following:
following:
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“Article 23
“Article 23
deleted
Specific rules on official controls
Specific rules on official controls
deleted
and on action to be taken by the
and on action to be taken by the
competent authorities in relation to
competent authorities in relation
organic products and to protected
to organic products and to
designations of origin, protected
protected designations of origin,
geographical indications and
protected geographical indications
traditional specialties guaranteed
and traditional specialties
guaranteed
1. In relation to the rules referred to 1.
In relation to the rules
deleted
in point (j) of Article 1(2),
referred to in point (j) of Article
competent authorities shall:
1(2), competent authorities shall:
(a) in the event of non-
(a) in the event of non-
deleted
compliance that affects the
compliance that affects the
integrity of organic products
integrity of organic
throughout any of the stages
products throughout any of
of production, preparation
the stages of production,
and distribution and export,
preparation and
in particular due to the use of
distribution and export, in
prohibited or non-authorised
particular due to the use of
substances and techniques or
prohibited or non-
commingling with non-
authorised substances and
organic products, ensure that
techniques or commingling
no reference is made to
with non-organic products,
organic production in the
ensure that no reference is
labelling and advertising of
made to organic production
the entire lot or production
in the labelling and
run concerned;
advertising of the entire lot
or production run
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concerned;
(b) in the event of repetitive or
(b) in the event of
deleted
continued non-compliance,
repetitive or continued non-
ensure that the operators or
compliance, ensure that the
the group of operators
operators or the group of
concerned, as defined in
operators concerned, as
points (6) and (7) of Article 3
defined in points (6) and (7)
of Regulation (EU) No
of Article 3 of Regulation
[organic production] of the
(EU) No [organic
European Parliament and of
production] of the
the Council*, in addition to
European Parliament and
the measures referred to in
of the Council*, in addition
point (a) of this paragraph,
to the measures referred to
are prohibited from marketing
in point (a) of this
products which refer to
paragraph, are prohibited
organic production, and that
from marketing products
their organic certificate be
which refer to organic
suspended or withdrawn as
production, and that their
appropriate.
organic certificate be
suspended or withdrawn as
appropriate.
2. The Commission shall be
2.
The Commission shall be
deleted
empowered to adopt delegated acts
empowered to adopt delegated
in accordance with Article 139
acts in accordance with Article
concerning rules for the
139 concerning rules for the
performance of official controls
performance of official controls
and other official activities to verify
and other official activities to
compliance with the rules referred
verify compliance with the rules
to in points (j) and (k) of Article
referred to in points (j) and (k) of
1(2), and on action to be taken by
Article 1(2), and on action to be
the competent authorities following
taken by the competent
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such official controls and other
authorities following such official
official activities.
controls and other official
activities.
3. In relation to the rules referred to 3.
In relation to the rules
deleted
in point (j) of Article 1(2), the
referred to in point (j) of Article
delegated acts referred to in
1(2), the delegated acts referred
paragraph 2 of this Article shall lay to in paragraph 2 of this Article
down rules on:
shall lay down rules on:
(a) the specific responsibilities
(a) the specific
deleted
and tasks of the competent
responsibilities and tasks of
authorities, in addition to
the competent authorities,
those provided for in Articles
in addition to those
4, 8, 9, 10(1), 11 to 13, 34(1)
provided for in Articles 4,
and (2), and 36, and in
8, 9, 10(1), 11 to 13, 34(1)
addition to Articles 25, 26, 28,
and (2), and 36, and in
29, 30 and 32 for the approval
addition to Articles 25, 26,
and supervision of delegated
28, 29, 30 and 32 for the
bodies, and to Articles 85 to
approval and supervision of
90 concerning official
delegated bodies, and to
certification;
Articles 85 to 90 concerning
official certification;
(b) requirements additional to
(b) requirements
deleted
those referred to in Article
additional to those referred
8(1) for risk assessment and
to in Article 8(1) for risk
for establishing the frequency
assessment and for
of official controls, and of
establishing the frequency
sampling as appropriate,
of official controls, and of
taking into account the risk of
sampling as appropriate,
the occurrence of non-
taking into account the risk
of the occurrence of non-
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compliance;
compliance;
(c) the frequency of official
(c)
the frequency of
deleted
controls on operators, and the
official controls on
cases where and conditions
operators, and the cases
under which certain such
where and conditions under
operators are to be exempted
which certain such
from certain official controls;
operators are to be
exempted from certain
official controls;
(d) methods and techniques
(d) methods and
deleted
for official controls additional
techniques for official
to those referred to in Article
controls additional to those
13 and Article 33(1) to (5),
referred to in Article 13
and specific requirements for
and Article 33(1) to (5), and
the performance of official
specific requirements for
controls aimed at ensuring
the performance of official
the traceability of organic
controls aimed at ensuring
products at all stages of
the traceability of organic
production, preparation and
products at all stages of
distribution, and at providing
production, preparation
assurances as to compliance
and distribution, and at
with the rules referred to in
providing assurances as to
point (j) of Article 1(2);
compliance with the rules
referred to in point (j) of
Article 1(2);
(e) actions and measures
(e)
actions and measures
deleted
additional to those provided
additional to those provided
for in Article 134(2) and (3)
for in Article 134(2) and (3)
in case of suspicion of non-
in case of suspicion of non-
compliance, criteria
compliance, criteria
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additional to those referred to
additional to those referred
in the second subparagraph
to in the second
of Article 135(1), and criteria
subparagraph of Article
and measures additional to
135(1), and criteria and
those provided for in Article
measures additional to
135(2) and in paragraph 1 of
those provided for in
this Article in the event of
Article 135(2) and in
non-compliance;
paragraph 1 of this Article
in the event of non-
compliance;
(f) requirements additional to
(f)
requirements
deleted
those provided for in point (f)
additional to those provided
of Article 4(1) in relation to
for in point (f) of Article
the facilities and equipment
4(1) in relation to the
necessary to carry out official
facilities and equipment
controls and specific and
necessary to carry out
additional conditions and
official controls and specific
obligations to those referred
and additional conditions
to in Articles 25, 26, 28, 29,
and obligations to those
and 30 to 32 for the
referred to in Articles 25,
delegation of official control
26, 28, 29, and 30 to 32 for
tasks and other official
the delegation of official
activities to delegated bodies;
control tasks and other
official activities to
delegated bodies;
g) reporting obligations
(g) reporting obligations
deleted
additional to those referred to
additional to those referred
in Articles 12, 28 and 31 for
to in Articles 12, 28 and 31
the competent authorities, the
for the competent
control authorities and the
authorities, the control
delegated bodies in charge of
authorities and the
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official controls and other
delegated bodies in charge
official activities;
of official controls and
other official activities;
(h) specific criteria and
(h) specific criteria and
deleted
conditions for the activation
conditions for the activation
and the functioning of the
and the functioning of the
mechanisms of administrative
mechanisms of
assistance provided for in
administrative assistance
Title IV, including the
provided for in Title IV,
exchange of information
including the exchange of
concerning instances of non-
information concerning
compliance or the likelihood
instances of non-
of non-compliance between
compliance or the
competent authorities, control
likelihood of non-
authorities and delegated
compliance between
bodies.
competent authorities,
control authorities and
delegated bodies.
4. In relation to the rules referred to 4.
In relation to the rules
deleted
in point (k) of Article 1(2), the
referred to in point (k) of Article
delegated acts referred to in
1(2), the delegated acts referred
paragraph 3 of this Article shall lay to in paragraph 3 of this Article
down rules on:
shall lay down rules on:
(a) requirements, methods
(a) requirements,
deleted
and techniques additional to
methods and techniques
those referred to in Articles 11
additional to those referred
and 13 for official controls
to in Articles 11 and 13 for
performed to verify
official controls performed
compliance with product
to verify compliance with
specifications and labelling
product specifications and
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requirements;
labelling requirements;
(b) methods and techniques
(b) methods and
deleted
additional to those referred to
techniques additional to
in Article 13 for the
those referred to in Article
performance of official
13 for the performance of
controls aimed at ensuring
official controls aimed at
the traceability of products
ensuring the traceability of
falling within the scope of the
products falling within the
rules referred to in point (k)
scope of the rules referred
of Article 1(2) at all stages of
to in point (k) of Article
production, preparation and
1(2) at all stages of EN 62
distribution, and at providing
EN production, preparation
assurances as to compliance
and distribution, and at
with those rules;
providing assurances as to
compliance with those
rules;
(c) specific criteria and
(c)
specific criteria and
deleted
content additional to those
content additional to those
provided for in Article 108,
provided for in Article 108,
for the preparation of the
for the preparation of the
relevant parts of the multi-
relevant parts of the multi-
annual national control plan
annual national control
provided for in Article 107(1),
plan provided for in Article
and specific additional
107(1), and specific
content of the report provided
additional content of the
for in Article 112;
report provided for in
Article 112;
(d) specific criteria and
(d) specific criteria and
deleted
conditions for activating the
conditions for activating the
mechanisms of administrative
mechanisms of
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assistance provided for in
administrative assistance
Title IV;
provided for in Title IV;
(e) specific measures to be
(e)
specific measures to
deleted
taken, in addition to those
be taken, in addition to
referred to in Article 135(2) in
those referred to in Article
the event of non-compliance
135(2) in the event of non-
and of serious or recurrent
compliance and of serious
non-compliance.
or recurrent non-
compliance.
5. Where appropriate, the delegated
5.
Where appropriate, the
deleted
acts referred to in paragraphs 3 and delegated acts referred to in
4 shall derogate from the provisions paragraphs 3 and 4 shall
of this Regulation referred to in
derogate from the provisions of
those paragraphs.
this Regulation referred to in
those paragraphs.
* OJ L …, p. …”
* OJ L …, p. …”
deleted
4.
In Article 128, paragraph 1 is
4.
In Article 128, paragraph 1
deleted
replaced by the following:
is replaced by the following:
"1. In the areas governed by the
"1. In the areas governed by the
deleted
rules referred to in Article 1(2),
rules referred to in Article 1(2),
with the exclusion of points (d),
with the exclusion of points (d), (e),
(e), (g), (h) and (j) of Article 1(2),
(g), (h) and (j) of Article 1(2), the
the Commission may, by means
Commission may, by means of
of implementing acts, recognise
implementing acts, recognise that
that measures applied in a third
measures applied in a third country, country, or regions thereof, are
or regions thereof, are equivalent to equivalent to the requirements
the requirements laid down in those laid down in those rules, on the
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rules, on the basis of:
basis of:
(a) a thorough examination of
(a) a thorough
deleted
information and data
examination of information
provided by the third country
and data provided by the
concerned pursuant to Article
third country concerned
124(1);
pursuant to Article 124(1);
(b) where appropriate, the
(b) where appropriate,
deleted
satisfactory outcome of a
the satisfactory outcome of
control performed in
a control performed in
accordance with Article
accordance with Article
119(1);
119(1);
Those implementing acts shall be
Those implementing acts shall be
deleted
adopted in accordance with the
adopted in accordance with the
examination procedure referred to
examination procedure referred
in Article 141(2)."
to in Article 141(2)."
5.
In Article 141, paragraph 1 is
5.
In Article 141, paragraph 1
deleted
replaced by the following:
is replaced by the following:
"1. The Commission shall be
"1. The Commission shall be
deleted
assisted by the Standing Committee
assisted by the Standing
on Plants, Animals, Food and Feed Committee on Plants, Animals,
established by Article 58(1) of
Food and Feed established by
Regulation (EC) No 178/2002. That Article 58(1) of Regulation (EC)
Committee shall be a Committee
No 178/2002. That Committee
within the meaning of Regulation
shall be a Committee within the
(EU) No 182/2011. For measures
meaning of Regulation (EU) No
falling within the area referred to in 182/2011. For measures falling
Article 1(2)(j) of this Regulation,
within the area referred to in
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the Commission shall be assisted by Article 1(2)(j) of this Regulation,
the Organic production Committee
the Commission shall be assisted
established by Article 37(1) of
by the Organic production
Regulation (EU) No [organic
Committee established by Article
production]."
37(1) of Regulation (EU) No
[organic production]."
Article 45
Entry into force and application
Commission proposal unchanged
Commission proposal unchanged
This Regulation shall enter into
Commission proposal unchanged
Commission proposal unchanged
force on the third day following that
of its publication in the
Official
Journal of the European Union.
It shall apply from 1 July 2017
59.
It shall apply from 1
JulyJanuary
Commission proposal unchanged
201
8760.
This Regulation shall be binding in
Commission proposal unchanged
Commission proposal unchanged
its entirety and directly applicable in
all Member States.
Done at Brussels,
Commission proposal unchanged
Commission proposal unchanged
For the European Parliament
Commission proposal unchanged
Commission proposal unchanged
For the Council
The President
The President
59
At least 6 months after enter into force.
60
At least 6 months after enter into force.
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[…]
[…]
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ANNEX I
OTHER PRODUCTS
Commission proposal unchanged
Commission proposal unchanged
REFERRED TO IN ARTICLE
2(1)
Amendment 255
Annex I - indent 1
- yeasts used as food or feed,
Commission proposal unchanged
deleted
Amendment 256
Annex I - indent 2
- beer,
–
beer,
deleted
- maté,
–
maté,
–
maté, sweetcorn, vine
leaves, palm hearts, hop shoots,
and other similar edible parts of
plants and products produced
therefrom;
Amendment 257
Annex I - indent 4
- extracts, essences and
–
extracts, essences and
deleted
concentrates of coffee, tea and maté concentrates of coffee, tea and
and preparations with a basis of
maté and preparations with a
those products or with a basis of
basis of those products or with a
coffee, tea and maté; roasted
basis of coffee, tea and maté;
chicory and other roasted coffee
roasted chicory and other roasted
subsitutes, and extracts, essences
coffee subsitutes, and extracts,
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and concentrates thereof,
essences and concentrates
thereof,
Amendment 258
Annex I - indent 5
- fruit nectars,
–
fruit nectars,
deleted
Amendment 259
Annex I - indent 6
- cocao paste, butter, fat, oil and
–
cocao paste, butter, fat, oil
deleted
powder; chocolate, and other food
and powder; chocolate, and other
preparations containing cocoa,
food preparations containing
cocoa,
Amendment 260
Annex I - indent 7
- sugar confectionery,
–
sugar confectionery,
deleted
Amendment 261
Annex I - indent 8
- preparations of cereals, flour,
–
preparations of cereals,
deleted
starch or milk; pastrycooks'
flour, starch or milk;
products,
pastrycooks' products,
Amendment 262
Annex I - indent 9
- soups,
–
soups,
deleted
Amendment 263
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Annex I - indent 10
- sauces,
–
sauces,
deleted
Amendment 264
Annex I - indent 11
- cooked meals,
–
cooked meals,
deleted
Amendment 265
Annex I - indent 12
- ice cream,
–
ice cream,
deleted
Amendment 266
Annex I - indent 13
- flavoured yoghurts, yoghurts
–
flavoured yoghurts,
deleted
containing added fruits, nuts or
yoghurts containing added fruits,
cocoa,
nuts or cocoa,
Amendment267
Annex I - indent 14
-
sea salt,
–
sea
salt
and other salts for
– salt,
food and feed,
–
silkworm cocoon suitable
for reeling
Amendment 268
Annex I - indent 15
- natural gums
and resins,
Commission proposal unchanged
– natural gums,
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Amendment 269
Annex I - indent 15 (a) (new)
– natural corks, non-agglomerated and
without binders,
- pollen,
–
pollen,
Commission proposal unchanged
- beeswax,
Commission proposal unchanged
Commission proposal unchanged
- essential oils,
Commission proposal unchanged
Commission proposal unchanged
–
cork stoppers of natural
cork, not agglomerated and
without any binding substances,
Amendment 270
Annex I - indent 19
- spirit drinks, provided that the
–
spirit drinks, provided that
deleted
ethyl alcohol used for the
the ethyl alcohol used for the
production of the spirit drinks is
production of the spirit drinks is
exclusively of agricultural origin.
exclusively of agricultural origin.
–
cotton, not carded or
combed,
–
wool, not carded or
combed,
–
raw hides and untreated
skins.
Amendment 271
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Annex I - indent 19 (a) (new)
– aromatised wine products as defined in
Council Regulation (EU) No 251/20141a.
Amendment 272
Annex I - indent 19 (b) (new)
– uncarded and uncombed cotton,
Amendment 273
Annex I - indent 19 (c) (new)
– uncarded and uncombed wools,
Amendment 274
Annex I - indent 19 (d) (new)
– raw hides and unprocessed skins,
Amendment 275
Annex I - indent 19 (e) (new)
– plant-based raw materials for traditional
herbal medicinal products.
ANNEX II
SPECIFIC PRODUCTION
SPECIFIC PRODUCTION
Commission proposal unchanged
RULES REFERRED TO IN
RULES REFERRED TO IN
CHAPTER III
CHAPTER III
Part I: Plant production rules
Commission proposal unchanged
Commission proposal unchanged
In addition to the production rules
Commission proposal unchanged
Commission proposal unchanged
laid down in Articles 7 to 10, the
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rules set out in this Part shall apply
to organic plant production.
1.
General requirements
Commission proposal unchanged
Commission proposal unchanged
Amendment 276
Annex II - Part I - point 1.1
1.1 Hydroponic
production, which 1.1. Hydroponic production,
1.1. Hydroponic
production is prohibited.
is a method of growing plants with
which is a method of growing
their roots in a nutrient solution
plants
, which are not naturally
only or in an inert medium to which growing in water, with their roots
a nutrient solution is added, is
in a nutrient solution only or in an
prohibited.
inert medium to which a nutrient
solution is added, is prohibited.
1.1.a By way of derogation from point 1.1, growing plants in pots as an exception to soil-
bound plant production as defined in point
(e)(ii) of Article 4 shall only be allowed for
seedlings or for the production of ornamentals
and herbs if the ornamentals and herbs in
question are sold in pots to the final
consumer.
Only mixtures of soil and/or soil improvers
which are approved for use in organic
farming shall be used.
1.2 All plant production
Commission proposal unchanged
Commission proposal unchanged
techniques used shall prevent or
minimise any contribution to the
contamination of the environment.
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1.3 Conversion
Commission proposal unchanged
Commission proposal unchanged
1.3.1 For plants and plant products
Commission proposal unchanged
Commission proposal unchanged
to be considered organic, the
production rules laid down in this
Regulation must have been applied
on the parcels during a conversion
period of at least two years before
sowing, or, in the case of grassland
or perennial forage, at least two
years before its use as feed from
organic production, or, in the case of
perennial crops other than forage, at
least three years before the first
harvest of organic products.
1.3.1a
By way of derogation
from article 7.1a.(ii), for the
purpose of the conversion of
perennial crops, which require a
cultivation period of at least three
years, varieties that cannot be
easily differentiated may be
involved provided that the
production in question forms
part of a conversion plan and the
conversion to organic production
of the last part of the area
concerned begins within the
shortest possible period and, in
any event, does not exceed a
maximum of five years.
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In such cases:
(i)
appropriate measures
have been taken to ensure
the permanent separation
of the products obtained
from each unit concerned;
(ii) the control authority
or control body is notified
of the harvest of each of the
products concerned at least
48 hours in advance;
(iii) upon completion of
the harvest, the producer
informs the control
authority or control body of
the exact quantities
harvested on the units
concerned and of the
measures applied to
separate the products;
(iv) the conversion plan
and the measures to ensure
the permanent separation
have been approved by the
competent authority; this
approval shall be confirmed
each year after the start of
the conversion plan.
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Amendment 277
Annex II - Part I - point 1.3.1 (a)
(new)
1.3.1a. For the purpose of the conversion of
perennial crops, which require a cultivation
period of at least three years, varieties that
cannot be easily differentiated may be
involved provided that the production in
question forms part of a conversion plan and
the conversion to organic production of the
last part of the area concerned begins within
the shortest possible period and, in any event,
does not exceed five years in duration.
1.3.2 The competent authority may
Commission proposal unchanged
Commission proposal unchanged
decide, in the cases where the land
has been contaminated with products
not authorised for organic
production, to extend the conversion
period beyond the period referred to
in point 1.3.1.
Amendment 278
Annex II - Part I - point 1.3.3 (1)
1.3.3 In the case of treatment with a
Commission proposal unchanged
1.3.3. In the case of treatment with a product
product not authorised for organic
not authorised for organic production, the
production, the competent authority
competent authority shall require a new
shall require a new conversion
conversion period
for treated parts of the
period in accordance with point
parcels in accordance with point 1.3.1.
1.3.1.
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Amendment 279
Annex II - Part I - point 1.3.3 (2) -
introductory part
That period may be shortened in the
Commission proposal unchanged
The competent authorities may decide that
following
two cases:
that period may be
shortened in the following
cases:
Amendment 280
Annex II - Part I - point 1.3.3 (2) (a)
(a)
treatment with a product Commission proposal unchanged
(a)
parcels treated with a product not
not authorised for organic
authorised for organic production as part of a
production as part of a
compulsory control measure for pests or weeds,
compulsory control measure
including quarantine organisms or invasive
for pests or weeds, including
species, imposed by the competent authority of
quarantine organisms or
the Member State;
invasive species, imposed by
the competent authority of the
Member State;
Amendment 281
Annex II - Part I - point 1.3.3 (1) (b)
(b)
treatment with a product Commission proposal unchanged
(b)
parcels treated with a product not
not authorised for organic
authorised for organic production as part of
production as part of scientific
scientific tests approved by the competent
tests approved by the
authority of the Member State.
competent authority of the
Member State.
1.3.4 In the cases referred to in
Commission proposal unchanged
Commission proposal unchanged
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points 1.3.2. and 1.3.3., the length of
the conversion period shall be fixed
taking into account the following
factors:
(a)
the process of
Commission proposal unchanged
Commission proposal unchanged
degradation of the product
concerned shall guarantee, at
the end of the conversion
period, an insignificant level of
residues in the soil and, in the
case of a perennial crop, in the
plant;
Amendment 282
Annex II - Part I - point 1.3.4 (b)
(b)
the harvest following the Commission proposal unchanged
(b) the harvest following the treatment may not
treatment may not be sold with
be sold with reference to
in-conversion or
reference to organic
organic production
methods.
production.
Amendment 283
Annex II - Part I - point 1.3.4 (1) (a)
(new)
Member States shall inform other Member
States and the Commission of any decision
taken by them which lays down compulsory
measures;
Amendment 284
Annex II - Part I - point 1.3.4 (1) (b)
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(new)
In the case of treatments with a product which
is not authorised for organic production, the
provisions of point 1.3.5.2 shall not apply.
1.3.5 The specific conversion rules
Commission proposal unchanged
Commission proposal unchanged
for land associated with organic
livestock production should be as
follows:
1.3.5.1
The conversion rules
Commission proposal unchanged
Commission proposal unchanged
shall apply to the whole area of the
production unit on which animal
feed is produced.
Amendment 285
Annex II - Part I - point 1.3.5.2
1.3.5.2 Notwithstanding point
Commission proposal unchanged
1.3.5.2 Notwithstanding point 1.3.5.1, the
1.3.5.1., the conversion period may
conversion period may be reduced to one year
be reduced to one year for
for pasturages and open air areas used by non-
pasturages and open air areas used
herbivore species.
This period may be reduced
by non-herbivore species.
to six months where the land concerned has
not during the last year received any
treatment with products not authorised for
organic farming.
1.4 Origin of plants including
Commission proposal unchanged
Commission proposal unchanged
plant reproductive material
Amendment 286
Annex II - Part I - point 1.4.1 to
1.4.1b
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Commission proposals
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1.4.1 For the production of plants
1.4.1. For the production of plants
1.4.1. For the production of plants and plant
and plant products only organically
and plant products
other than
products only organically produced plant
produced plant reproductive material
plant reproductive material, only
reproductive material shall be used.
As referred
shall be used.
To this end, the plant
organically produced plant
to in Article 10(2), a database shall list the
intended for plant reproductive
reproductive material shall be used.
corresponding plant intended for plant
material production and, where
To this end, tThe plant intended
reproductive material production and, where
relevant, the mother plant shall have
for plant reproductive material
relevant, the mother plant shall have been
been produced in accordance with
production and, where relevant, the
produced in accordance with this Regulation
this Regulation for at least one
mother plant shall have been
for at least one generation, or, in the case of
generation, or, in the case of
produced in accordance with this
perennial crops, during two growing seasons.
perennial crops,
for at least one
Regulation for at least one
generation during two growing
generation, or, in the case of
seasons.
perennial crops, for at least one
generation during two growing
seasons.
Plant reproductive material coming during
the second year of conversion from a
production unit which is run in accordance
with this Regulation may be used for the
production of organic plants and organic
plant products.
Operators may, in order to foster genetic
resources adapted to the special conditions of
organic production, use traditional crop
varieties obtained from their own farm.
1.4.1a. Varieties bred shall be used in
accordance with the breeding rules laid down
in this Regulation except in the event that the
requisite plant reproductive material is not
available.
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Plant reproductive material selected for its
ability to meet the specific needs and aims of
organic agriculture shall be increasingly used
and may include local breeds or varieties of
population or open pollinated varieties,
namely material not obtained by controlled
pollination or by the hybridisation of inbred
lines.
1.4.1b. For the production of organically bred
varieties, the varieties in question shall be
bred and selected under organic conditions
that comply with the requirements of this
Regulation. All multiplication practices except
meristem culture shall be under certified
organic management.
Amendment 287
Annex II - Part I - point 1.4.2
1.4.2 Use of
plant reproductive
1.4.2. Use of plant reproductive
1.4.2. Use of
seed or vegetative propagating
material not obtained from organic
material not obtained from organic
material not obtained from organic production
production
production
Plant reproductive material not
Plant reproductive material not
obtained from organic production
obtained from organic
may be used only when it comes
production may be used only
from a production unit in
when it comes from a production
conversion to organic production or unit in conversion to organic
where it is justified for use in
production or where it is justified
research, test in small-scale field
for use in research, test in small-
trials or for genetic resources
scale field trials or for genetic
conservation purposes agreed by
resources conservation purposes
the competent authority of the
agreed by the competent
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Commission proposals
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Member State.
authority of the Member State.
By way of derogation from point
1.4.1., for a limited period of
time, where plant reproductive
material is not available on the
market in organic form,
(a) plant reproductive
material from a production
unit in conversion to
organic farming may be
used.
(b) Where point (a) is not
applicable, Member States
may authorise the use of
non-organic plant
reproductive material,
except for seedlings.
However, for the use of
such non-organic material,
points 1.4.2.1 to 1.4.2.7
apply.
1.4.2.1.
Non-organic
plant reproductive material
may be used, provided that
the plant reproductive
material is not treated with
plant protection products,
other than those authorised
for treatment of seed in
accordance with point
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Commission proposals
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1.6.2., unless chemical
treatment is prescribed in
accordance with Regulation
(EU) No XX/XXX of the
European Parliament and
of the Council (protective
measures against pests of
plants) for phytosanitary
purposes by the competent
authority of the Member
State for all varieties of a
given species in the area
where the plant
reproductive material is to
be used.
1.4.2.2.
Member States
may confer the
responsibility for granting
the authorisation referred
to in point 1.4.2.(b) to
control authorities or
delegate it to another public
administration under their
supervision or to control
bodies.
1.4.2.3.
Authorisation to
use plant reproductive
material not obtained by
the organic production
method may only be
granted in the following
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Commission proposals
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cases:
(i) where no variety of
the species which the
user wants to obtain is
registered in the
database referred to in
Article 10;
(ii)
where no
supplier, meaning an
operator who markets
plant reproductive
material to other
operators, is able to
deliver the plant
reproductive material
before sowing or
planting in situations
where the user has
ordered the plant
reproductive material in
reasonable time;
(iii)
where the
variety which the user
wants to obtain is not
registered in the
database referred to in
Article 10, and the user
is able to demonstrate
that none of the
registered alternatives of
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Commission proposals
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the same species are
appropriate and that the
authorisation therefore
is significant for his
production;
(iv)
where it is
justified for use in
research, test in small-
scale field trials or for
variety conservation
purposes agreed by the
competent authority of
the Member State.
1.4.2.4.
The
authorisation shall be
granted before the sowing
of the crop.
1.4.2.5.
The
authorisation shall be
granted only to individual
users for one season at a
time and the authority or
body responsible for the
authorisations shall register
the quantities of plant
reproductive material
authorised.
1.4.2.6.
By way of
derogation from point
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Commission proposals
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1.4.2.5., the competent
authority of the Member
State may grant to all users
a general authorisation:
(i) for a given species
when and in so far as the
condition laid down in
point 1.4.2.3.(i) is
fulfilled;
(ii)
for a given
variety when and in so
far as the conditions laid
down in point 1.4.2.3.(iii)
are fulfilled.
The authorisations referred
to in the first subparagraph
shall be clearly indicated in
the database referred to in
Article 10.
1.4.2.7.
Authorisation
may only be granted during
periods for which the
database is updated.
1.4.2.1. In order to ensure access to seed and
vegetative propagating material where such
organic inputs are not available,Member
States may authorise the use of non-organic
seed or vegetative propagating material. In
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Commission proposals
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that case, points 1.4.2.2 to 1.4.2.8 shall apply.
1.4.2.2. Non-organic seed and seed potatoes
may be used, provided that the seed or seed
potatoes are not treated with plant protection
products other than those authorised for
treatment of seed in accordance with Article
19(1) of this Regulation, unless chemical
treatment is prescribed in accordance with
Council Directive 2000/29/EC1a for
phytosanitary purposes by the competent
authority of the Member State concerned for
all varieties of a given species in the area
where the seed or seed potatoes are to be used.
1.4.2.3. Member States may delegate
responsibility for granting the authorisation
referred to in point 1.4.2.1 to other public
administrations or to the control authorities or
bodies referred to in points (33) and (34) of
Article 3.
1.4.2.4. Authorisation to use seed or vegetative
propagating material or plants not obtained
from organic production methods may only be
granted in the following cases:
(a) where no variety of the species which the
user wishes to obtain is listed in the database
referred to in Article 10;
(b) where no supplier, meaning an operator
selling seed or vegetative propagating material
or plants to other operators, is in a position to
deliver the seed or vegetative propagating
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material or plants before sowing or planting,
when the user has ordered them in good time;
(c) where the variety which the user wishes to
obtain is not listed in the database referred to
in Article 10, and the user can show that none
of the listed varieties of the same species is
appropriate and therefore authorisation is
important for his production.
1.4.2.5. Authorisation shall be granted before
the sowing takes place.
1.4.2.6. Authorisation can only be granted
individually for one season at a time and the
authority or body responsible for granting
authorisations shall list the quantities of seed
or vegetative propagating material or plants
authorised.
1.4.2.7. Authorisation can only be granted at
times when the database referred to in Article
10 is annually updated by each Member State.
1.4.2.8. In order to improve the use of organic
seed within the Union, each Member State
shall publish in the database referred to in
Article 10 a national list of seeds and
vegetative propagating material and plants
that can only be used in organic form. That
list must specify the species and subspecies for
which it is established that the seed and
propagating material or plants obtained from
organic production are available in sufficient
quantities and are therefore to be used only in
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organic form.
1.5 Soil management and
Commission proposal unchanged
Commission proposal unchanged
fertilisation
1.5.1 Organic plant production shall
Commission proposal unchanged
Commission proposal unchanged
use tillage and cultivation practices
that maintain or increase soil organic
matter, enhance soil stability and soil
biodiversity, and prevent soil
compaction and soil erosion.
Amendment 288
Annex II - Part I - point 1.5.2
1.5.2 The fertility and biological
Commission proposal unchanged
1.5.2. The fertility and biological activity of the
activity of the soil shall be
soil shall be maintained and increased by
the
maintained and increased by
use of soil engineering, by multiannual crop
multiannual crop rotation including
rotation including
mandatory leguminous
legumes and other green manure
crops as the main or cover crop for rotating
crops, and by the application of
crops and other green manure crops, and by the
livestock manure or organic
application of livestock manure or organic
material, both preferably composted,
material, both preferably composted, from
from organic production.
organic production.
1.5.2a.
The use of biodynamic
preparations is allowed.
1.5.3 Where the nutritional needs of
1.5.3. Where the nutritional needs
Commission proposal unchanged
plants cannot be met by measures
of plants cannot be met by
provided for in points 1.5.1. and
measures provided for in points
1.5.2. only fertilisers and soil
1.5.1. and 1.5.2. only fertilisers and
conditioners authorised for use in
soil conditioners authorised for use
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organic production pursuant to
in organic production pursuant to
Article 19 may be used and only to
Article 19 may be used and only to
the extent necessary.
the extent necessary.
Operators
shall keep records of the use of
these products.
Amendment 289
Annex II - Part I - point 1.5.4
1.5.4 The total amount of livestock
Commission proposal unchanged
1.5.4 The total amount of livestock manure, as
manure, as defined in Council
defined in Council Directive 91/676/EEC67,
Directive 91/676/EEC
61, applied on
applied on the
parcel, shall not exceed 170 kg
the
agricultural holding, shall not
of nitrogen per year/hectare of agricultural area
exceed 170 kg of nitrogen per
used. That limit shall only apply to the use of
year/hectare of agricultural area
farmyard manure, dried farmyard manure and
used. That limit shall only apply to
dehydrated poultry manure, composted animal
the use of farmyard manure, dried
excrements, including poultry manure,
farmyard manure and dehydrated
composted farmyard manure and liquid animal
poultry manure, composted animal
excrements.
The total amount of livestock
excrements, including poultry
manure applied in market garden production
manure, composted farmyard
under shelter shall not exceed 240kg of
manure and liquid animal
nitrogen per year/hectare over the whole area
excrements.
under shelter.
1.5.5 Organic agricultural holdings Commission proposal unchanged
Commission proposal unchanged
may establish written cooperation
agreements exclusively with other
agricultural holdings and enterprises
which comply with the organic
production rules, with the intention
61
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural
sources (OJ L 375, 31.12.1991, p. 1).
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Commission proposals
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of spreading surplus manure from
organic production. The maximum
limit as referred to in point 1.5.4.,
shall be calculated on the basis of all
of the organic production units
involved in such cooperation.
Amendment 290
Annex II - Part I - point 1.5.6
1.5.6 Preparations of micro-
Commission proposal unchanged
1.5.6. Preparations of micro-organisms
and
organisms may be used to improve
biochar may be used to improve the overall
the overall condition of the soil or
condition of the soil or the availability of
the availability of nutrients in the
nutrients in the soil or in the crops.
soil or in the crops.
1.5.7 For compost activation
Commission proposal unchanged
Commission proposal unchanged
appropriate plant-based preparations
or preparations of micro-organisms
may be used.
1.5.8 Mineral nitrogen fertilisers
Commission proposal unchanged
Commission proposal unchanged
shall not be used.
Amendment 291
Annex II - Part I - point 1.5.8 (a)
(new)
1.5.8a. The use of biodynamic preparations
shall be allowed.
Amendment 292
Annex II - Part I - point 1.5.8 (b)
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(new)
1.5.8b. The use of ferti-irrigation is
prohibited.
1.6 Pest and weed management
Commission proposal unchanged
Commission proposal unchanged
Amendment 293
Annex II - Part I - point 1.6.1 -
introductory part
1.6.1 The prevention of damage
Commission proposal unchanged
1.6.1. The prevention of damage caused by
caused by pests
and weeds shall rely
pests
, weeds and diseases shall rely primarily
primarily on the protection by:
on the protection by:
-
natural enemies,
Commission proposal unchanged
Commission proposal unchanged
-
the choice of species,
-
the choice of species,
Commission proposal unchanged
varieties and heterogeneous
varieties and
heterogeneous
material,
material populations,
-
crop rotation,
Commission proposal unchanged
Commission proposal unchanged
-
cultivation techniques
-
cultivation techniques
Commission proposal unchanged
such as biofumigation, and
such as biofumigation,
mechanical und physical
methods, and
Amendment 294
Annex II - Part I - point 1.6.1 -
indent 5
-
thermal processes such
Commission proposal unchanged
– thermal processes such as solarisation and
,
as solarisation and shallow
exclusively for protected crops, shallow steam
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steam treatment of the soil
(to
treatment of the soil.
a maximum depth of 10 cm).
Amendment 295
Annex II - Part I - point 1.6.2
1.6.2 Where plants cannot be
1.6.2. Where plants cannot be
1.6.2. Where plants cannot be protected
protected adequately from pests by
protected adequately from pests by
adequately from pests
, weeds and diseases by
measures provided for in point 1.6.1. measures provided for in point
measures provided for in point 1.6.1. or in the
or in the case of an established threat 1.6.1. or in the case of an
case of an established threat to a crop, only
to a crop, only products authorised
established threat to a crop, only
products authorised for use in organic
for use in organic production
products authorised for use in
production pursuant to Article 19 may be used
,
pursuant to Article 19 may be used
organic production pursuant to
and only to the extent necessary.
Operators
and only to the extent necessary.
Article 19 may be used and only to
shall keep documentation proving the need for
the extent necessary.
Operators
the use of such products.
shall keep records of the use of
these products.
Amendment 296
Annex II - Part I - point 1.6.3
1.6.3
The traps or dispensers
of
Commission proposal unchanged
1.6.3.
In relation to products used in traps or
products other than pheromones
dispensers other than pheromones
, the traps
shall prevent the substances from
and/or dispensers shall prevent the substances
being released into the environment
from being released into the environment and
and prevent contact between the
shall prevent contact between the substances
substances and the crops being
and the crops being cultivated.
All traps
cultivated.
The traps shall be
including pheromone traps shall be collected
collected after use and disposed of
after use and
safely disposed of.
safely.
1.7 Products used for cleaning
Commission proposal unchanged
Commission proposal unchanged
and disinfection
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Amendment 297
Annex II - Part I - point 1.7 (1)
With regard to cleaning and
Commission proposal unchanged
For cleaning and disinfection, products
shall
disinfection,
only the products
for
be used in plant production
only if they are
cleaning and disinfection in plant
authorised for use in organic production
production authorised for use in
pursuant to Article 19.
organic production pursuant to
Article 19
shall be used.
Amendment 298
Annex II - Part I - point 1.7 (1) (a)
(new)
Operators shall keep documentation on the
parcels concerned and on the amount of the
harvest.
2.
Requirements for specific
2.
Requirements for specific
Commission proposal unchanged
plants or plant products
plants or plant products
2.1 Rules on mushroom
2.1.
Rules on mushroom
Commission proposal unchanged
production
production
For the production of mushrooms,
For the production of
substrates may be used, if they are
mushrooms, substrates may be
composed only of the following
used, if they are composed only of
components:
the following components:
(a)
farmyard manure and
(a) farmyard manure and Commission proposal unchanged
animal excrements:
animal excrements:
(i)
either from
(i) either from
Commission proposal unchanged
agricultural holdings
agricultural holdings
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Commission proposals
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producing according to the
producing according to
organic production rules;
the organic production
or
rules; or
(ii)
referred to in point
(ii)
referred to in
Commission proposal unchanged
1.5.3., only when the
point 1.5.3., only when
product referred to in
the product referred to
point (i) is not available,
in point (i) is not
provided that these
available, provided that
farmyard manure and
these farmyard manure
animal excrements do not
and animal excrements
exceed 25 % of the weight
do not exceed 25 % of
of total components of the
the weight of total
substrate, excluding the
components of the
covering material and any
substrate, excluding the
added water, before
covering material and
composting;
any added water, before
composting;
(b)
products of agricultural
(b) products of
Commission proposal unchanged
origin, other than those
agricultural origin, other
referred to in point (a), from
than those referred to in
agricultural holdings
point (a), from agricultural
producing according to the
holdings producing
organic production rules;
according to the organic
production rules;
(c)
peat not chemically
(c)
peat not chemically
Commission proposal unchanged
treated;
treated;
(d)
wood, not treated with
(d) wood, not treated with Commission proposal unchanged
chemical products after felling;
chemical products after
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felling;
(e)
mineral products referred
(e)
mineral products
Commission proposal unchanged
to in point 1.5.3., water and
referred to in point 1.5.3.,
soil.
water and soil.
2.2 Rules concerning the
2.2. Rules concerning the
Commission proposal unchanged
collection of wild plants
collection of wild plants
The collection of wild plants and
The collection of wild plants and
parts thereof, growing naturally in
parts thereof, growing naturally
natural areas, forests and agricultural
in natural areas, forests and
areas is considered as organic
agricultural areas is considered
production provided that:
as organic production provided
that:
(a)
those areas have not, for
(a) those areas have not,
Commission proposal unchanged
a period of at least three years
for a period of at least three
before the collection, received
years before the collection,
treatment with products other
received treatment with
than those authorised for use in
products other than those
organic production pursuant to
authorised for use in
Article 19;
organic production
pursuant to Article 19;
(b)
the collection does not
(b) the collection does not
Commission proposal unchanged
affect the stability of the
affect the stability of the
natural habitat or the
natural habitat or the
maintenance of the species in
maintenance of the species
the collection area.
in the collection area.
Part II: Livestock production
Commission proposal unchanged
Commission proposal unchanged
rules
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Commission proposals
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In addition to the production rules
Commission proposal unchanged
Commission proposal unchanged
laid down in Articles 7, 8, 9 and 11,
the rules laid down in this Part shall
apply to livestock production.
2.
General requirements
Commission proposal unchanged
Commission proposal unchanged
Amendment 299
Annex II - Part II - point 1.1
1.1
Where the farmer producing
1.1. Where the farmer producing
1.1.
Landless livestock production, by which
livestock does not manage
organic livestock does not manage
the operator of the livestock does not manage
agricultural land and has not
agricultural land and has not
agricultural land and
/or has not
concluded a
established a written cooperation
established a written cooperation
written cooperation agreement with another
agreement with another organic
agreement with another
organic
operator in accordance with Annex II, Part I,
farmer, landless livestock
farmer, landless livestock
point 1.5.4, shall be prohibited
with the
production shall be prohibited.
production shall be prohibited.
exception of beekeeping.
1.2 Conversion
Commission proposal unchanged
Commission proposal unchanged
Amendment 300
Annex II - Part II - point 1.2.1
1.2.1 The conversion period shall
1.2.1. The conversion period shall
1.2.1. The conversion period shall start at the
start at the earliest when the farmer
start at the earliest when the
earliest when the farmer
or operator has
has notified his activity to the
farmer has notified his activity to
notified his activity to the competent authorities
competent authorities and subjected
the competent authority and
and subjected his holding to the control system
his holding to the control system in
subjected his holding to the
in accordance with this Regulation.
accordance with this Regulation.
control system in accordance
with this Regulation.
Amendment 301
Annex II - Part II - point 1.2.2
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Commission proposals
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1.2.2 Conversion periods specific to
1.2.2. Conversion periods
specific
1.2.2.
In the case of non-simultaneous
the type of animal production
are set
to the type of animal production
conversion
of pasturage/land used for animal
out in point 2.
are set out in point 2 for the
feed and animals, the periods specific to the
animal species referred to Article
type of animal production set out in point 2
11(3) from (a) to (e) are:
shall be applied.
(a) 12 months in the case
of bovine and equine
animals for meat
production, and in any case
at least three quarters of
their lifetime;
(b) six months in the case
of ovine, caprine and
porcine animals and
animals for milk
production;
(c)
10 weeks for poultry
for meat production, except
for Peking ducks, brought
in before they are three
days old;
(d) 7 weeks for Peking
ducks, brought in before
they are three days old;
(e)
six weeks in the case
of poultry for egg
production, brought in
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Commission proposals
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before they are three days
old;
(f)
12 months for bees.
During the conversion
period the wax shall be
replaced with wax coming
from organic beekeeping.
However, non-organic
beeswax may be used:
(i) where beeswax from
organic beekeeping is not
available on the market;
(ii)
where it is
proven free of
contamination by
products or substances
not authorised for
organic production; and
(iii)
provided that it
comes from the cap.
1.2.3 Animals and animal products
Commission proposal unchanged
Commission proposal unchanged
produced during the conversion
period shall not be marketed as
organic.
Amendment 302
Annex II - Part II - point 1.2.4
332
Commission proposals
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1.2.4
Animals and animal products
Commission proposal unchanged
1.2.4.
The total combined conversion period
may be considered organic at the
for both existing animals and their offspring,
end of the conversion period if
pasturage and/or any land used for animal
there is simultaneous conversion of
feed, may be reduced to 24 months if the
the complete production unit,
animals are mainly fed with products from the
including livestock, pasturage or
production unit in conversion.
any land used for animal feed.
1.3 Origin of animals
Commission proposal unchanged
Commission proposal unchanged
Amendment 303
Annex II - Part II - point 1.3.1
1.3.1 Organic livestock shall be born Commission proposal unchanged
1.3.1. Organic livestock shall be born
or
and raised on organic
hatched and raised on organic agricultural
agriculturalholdings.
holdings.
With regard to the provisions provided for in
Article 11(1), when a flock is constituted for
the first time, renewed or reconstituted, and
organically reared poultry are not available in
sufficient numbers and with the prior
authorisation of the competent authority, non-
organically reared poultry may be brought
into an organic poultry production unit,
provided that the pullets for the production of
eggs and poultry for meat production are less
than three days old.
Such livestock and products derived from it
may be considered as organic provided that
the conversion period specified in point 2.4.1
of Part II of this Annex is respected.
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Commission proposals
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1.3.2 Animals existing on the
1.3.2. Animals existing on the
Commission proposal unchanged
agricultural holding at the beginning
agricultural holding at the
of the conversion period and their
beginning of the conversion period
products may be deemed organic
and their products may be deemed
after compliance with the applicable
organic after compliance with the
conversion period referred to in
applicable conversion period
point 2.
referred to in point
2 1.2.2 and the
provision of point 1.2.4.
1.3.3 With regard to the breeding of
Commission proposal unchanged
Commission proposal unchanged
organic animals:
(a)
reproduction shall use
Commission proposal unchanged
Commission proposal unchanged
natural methods; however,
artificial insemination shall be
allowed;
(b)
reproduction shall not be
(b) reproduction
cycles
Commission proposal unchanged
induced by treatment with
shall not be induced
or
hormones or similar
impeded by treatment with
substances, unless as a form of
hormones or similar
veterinary therapeutic
substances, unless as a form
treatment in case of an
of veterinary therapeutic
individual animal;
treatment in case of an
individual animal;
(c)
other forms of artificial
Commission proposal unchanged
Commission proposal unchanged
reproduction, such as cloning
and embryo transfer, shall not
be used;
Amendment 304
334
Commission proposals
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Annex II - Part II - point 1.3.3 (d)
(d)
the choice of breeds shall Commission proposal unchanged
(d) the choice of breeds shall be appropriate
to
be appropriate and shall
ensure a high standard of animal welfare and
contribute to the prevention of
shall
also contribute to the prevention of any
any suffering and to avoiding
suffering and to avoiding the need for the
the need for the mutilation of
mutilation of animals.
animals.
Amendment 305
Annex II - Part II - point 1.3.4 to
1.3.4 (c) (new)
1.3.4 In the choice of breeds or
Commission proposal unchanged
1.3.4. In the choice of breeds or strains, account
strains, account shall be taken of the
shall be taken of the capacity of animals to
capacity of animals to adapt to local
adapt to local conditions, without impairment
conditions, without impairment of
of their welfare, their vitality and their
their welfare, their vitality and their
resistance to disease. In addition, breeds or
resistance to disease. In addition,
strains of animals shall be selected to avoid
breeds or strains of animals shall be
specific diseases or health problems associated
selected to avoid specific diseases or
with some breeds or strains used in intensive
health problems associated with
production, such as porcine stress syndrome,
some breeds or strains used in
pale-soft-exudative (PSE) syndrome, sudden
intensive production, such as porcine
death, spontaneous abortion and difficult births
stress syndrome, pale-soft-exudative
requiring caesarean operations. Preference shall
(PSE) syndrome, sudden death,
be given to indigenous breeds and strains.
spontaneous abortion and difficult
births requiring caesarean
operations. Preference shall be given
to indigenous breeds and strains.
The preservation of rare and/or native breeds
in danger of extinction shall be encouraged.
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Commission proposals
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1.3.4a. Average growth and production rates
shall be determined by the Commission in
accordance with Article 11(2) for all fattening
animals, including broilers and turkeys.
Indicators shall be used where appropriate to
assess and affirm the robustness and
suitability of breeds in organic farming. Such
indicators shall include average growth rates
for all breeds and average production rates
for all egg- and milk-producing breeds that
are compatible with farming duration rules
for each species (i.e. days until slaughter for
poultry).
1.3.4b. Information on breeds used in organic
farming shall be kept in a dedicated database
that shall be set up by the Commission to
promote transparency on the use of and
information on the availability of breeds,
including their adaptability to local
conditions.
1.3.4c. Proper application and enforcement of
breeding rules shall be facilitated, where
appropriate, through rural development
support and the Commission's Action Plan for
the future of Organic Production in the
European Union.
1.3.5 For breeding purposes, non-
1.3.5.
For breeding purposes,
Commission proposal unchanged
organically raised animals may be
non-organically raised animals
brought onto an agricultural holding
may be brought onto an
when breeds are in danger of being
agricultural holding when breeds
lost to farming in accordance with
are in danger of being lost to
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Commission proposals
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Annex IV to Commission
farming in accordance with
Regulation (EC) No 1974/2006
62
Annex IV to Commission
and in that case animals of those
Regulation (EC) No 1974/200663
breeds must not necessarily be
and in that case animals of those
nulliparous.
breeds must not necessarily be
nulliparous.
By way of derogation from point
1.3.1, non-organic animals may
be brought onto a holding for
breeding purposes, only when
organic animals are not available
in sufficient number and subject
to the conditions provided for in
points 1.3.5.1 to 1.3.5.5.
1.3.5.1.
Non-organic
young animals, when a herd
or flock is constituted for
the first time, shall be
reared in accordance with
the organic production
rules immediately after
they are weaned. Moreover,
the following restrictions
shall apply at the date on
62
Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC)
No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 368, 23.12.2006,
p. 15).
63
Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation
(EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 368,
23.12.2006, p. 15).
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Commission proposals
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which the animals enter the
herd:
(a)
bovine and
equine animals shall be
less than six months old;
(b)
ovine and
caprine animals shall be
less than 60 days old;
(c)
porcine animals
shall weigh less than 35
kg.
1.3.5.2
Non-organic
adult male and nulliparous
female animals, for the
renewal of a herd or flock,
shall be reared
subsequently in accordance
with the organic production
rules. Moreover, the
number of female mammals
is subject to the following
restrictions per year:
(a)
up to a
maximum of 10 % of
adult equine or bovine
animals and 20 % of the
adult porcine, ovine and
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Commission proposals
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caprine animals;
(b)
for units with
less than 10 equine or
bovine animals, or with
less than five porcine,
ovine or caprine animals
any renewal as
mentioned above shall be
limited to a maximum of
one animal per year.
1.3.5.3.
The percentages
referred to in point 1.3.5.2
may be increased up to 40
%, subject to prior
authorisation by the
competent authority, in the
following special cases:
(a)
when a major
extension to the farm is
undertaken;
(b)
when a breed is
changed;
(c)
when a new
livestock specialisation is
initiated;
(d)
when breeds are
in danger of being lost to
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Commission proposals
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farming as defined by
Member States in
accordance with
Commission Delegated
Regulation (EU) No
807/201464 and in that
case animals of those
breeds must not
necessarily be
nulliparous.
1.3.5.4.
For the
renovation of apiaries, 20%
per year of the queen bees
and swarms may be
replaced by non-organic
queen bees and swarms in
the organic production unit
provided that the queen
bees and swarms are placed
in hives with combs or
comb foundations coming
from organic production
units.
1.3.5.5.
When a flock of
birds is constituted for the
first time, renewed or
reconstituted, non-
64
Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European
Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
and introducing transitional provisions (OJ L 227, 31.7.2014, p. 1)
340
Commission proposals
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organically reared poultry
may be brought into an
organic poultry production
unit, provided that the
pullets for the production
of eggs and poultry for
meat production are less
than three days old.
Amendment 306
Annex II - Part II - point 1.3.5 (a) to
1.3.5 (d) (new)
1.3.5a. By way of derogation from point 1.3.1,
non-organic young mammals, when a herd or
flock is constituted for the first time, shall be
reared in accordance with the organic
production rules immediately after they are
weaned. Moreover, the following restrictions
shall apply as at the date on which the
animals enter the herd:
(a) buffalo, calves and foals shall be less than
six months old;
(b) lambs and kids shall be less than 60 days
old;
(c) piglets shall weigh less than 35 kg.
The derogation provided for in this point shall
be phased out in accordance with the
availability of bred organic animals.
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1.3.5b. Non-organic adult male and
nulliparous female mammals, introduced into
a herd or flock with a view to its renewal,
shall be reared subsequently in accordance
with the organic production rules. Moreover,
the number of female mammals is subject to
the following restrictions per year:
(a) no more than 10 % of adult equine or
bovine livestock, including bubalus and bison
species, and 20 % of the adult porcine, ovine
and caprine livestock, shall be females;
(b) for units with fewer than 10 equine or
bovine animals, or with fewer than five
porcine, ovine or caprine animals, any
renewal as mentioned above shall be limited
to a maximum of one animal per year.
The derogation provided for in this point shall
be phased out in accordance with the
availability of bred organic animals:
(a) when a new livestock specialisation is
initiated;or
(b) when breeds are in danger of being lost to
farming as provided for in Annex IV to
Commission Regulation (EC) No 1974/20061a.
Such livestock and products derived from
them may be considered as organic provided
that the conversion period specified in point
1.2 of Part II of this Annex is respected.
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1.3.5c. The percentages referred to in point
1.3.5b may be increased to a maximum of 40
%, subject to prior authorisation by the
competent authority, in the following cases:
(a) when a major extension of the farm is
undertaken;
(b) when a breed is changed.
1.3.5d. For the renovation of apiaries, 20 %
per year of the queen bees and swarms may be
replaced by non-organic queen bees and
swarms in the organic production unit,
provided that the queen bees and swarms are
placed in hives with combs or comb
foundations coming from organic production
units. In any case, one swarm or queen bee
can be replaced per year.
1.4 Nutrition
Commission proposal unchanged
Commission proposal unchanged
1.4.1 General nutrition requirements Commission proposal unchanged
Commission proposal unchanged
With regard to nutrition the
following rules shall apply:
(a)
feed for livestock shall
Commission proposal unchanged
Commission proposal unchanged
be obtained primarily from the
agricultural holding where the
animals are kept or from other
organic holdings in the same
region;
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Commission proposals
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Amendment 307
Annex II - Part II - point 1.4.1 (b)
(b)
livestock shall be fed
(b) livestock shall be fed
(b) livestock shall be fed with organic feed that
with organic feed that meets
with organic
or in-
meets the animal's nutritional requirements at
the animal's nutritional
conversion feed
as referred
the various stages of its development
, in terms
requirements at the various
to in point 1.4.3, that meets
of both quality and quantity. Restricted
stages of its development.
the animal's nutritional
feeding shall not be permitted in livestock
Restricted feeding shall not be
requirements at the various
production
. A part of the ration may contain
permitted in livestock
stages of its development.
feed from holdings which are in conversion to
production;
Restricted feeding shall not
organic farming. By way of exception to the
be permitted in livestock
production rules relating to non-availability of
production;
organic farm input in accordance with point
(b) of the first subparagraph of Article 17(2),
where farmers are unable to obtain protein
feed exclusively from organic production for
porcine and poultry species, the maximum
percentage of non-organic protein feed
authorised per period of 12 months for those
species shall not exceed 5 % and shall be
decreased in line with its availability. The
percentage of the dry matter of feed from
agricultural origin shall be calculated.
(c)
the keeping of livestock
Commission proposal unchanged
Commission proposal unchanged
in conditions, or on a diet
which may encourage
anaemia, shall be prohibited;
Amendment 308
Annex II - Part II - point 1.4.1 (d)
(d)
fattening practices shall
Commission proposal unchanged
(d) force-feeding is forbidden;
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Commission proposals
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be reversible at any stage of
the rearing process. Force-
feeding is forbidden;
(e)
with the exception of
Commission proposal unchanged
Commission proposal unchanged
bees, livestock shall have
permanent access to pasture or
roughage;
(f)
growth promoters and
Commission proposal unchanged
Commission proposal unchanged
synthetic amino-acids shall not
be used;
Amendment 309
Annex II - Part II - point 1.4.1 (g)
(g)
suckling animals shall be Commission proposal unchanged
(g) suckling animals shall be fed
on maternal
fed in preference
on maternal
milk in preference
to natural milk, for a
milk for a minimum period;
minimum period;
(h)
feed materials of mineral Commission proposal unchanged
Commission proposal unchanged
origin, feed additives, certain
products used in animal
nutrition and processing aids
shall be used only if they have
been authorised for use in
organic production pursuant to
Article 19.
Amendment 310
Annex II - Part II - point 1.4.1 (h) (a)
(new)
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Commission proposals
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(ha) non-organic feed materials of plant
origin, feed materials of animal and mineral
origin, feed additives, certain products used in
animal nutrition and processing aids shall be
used only if they have been authorised for use
in organic production pursuant to Article 19
and in duly justified cases.
1.4.1a. Grazing on organic land
Organic animals shall graze on
organic land. However, non-
organic animals may use organic
pasturage for a limited period of
time each year, provided that
such animals are derived from a
farming system equivalent to one
of those provided for in Articles
23, 25, 28, 30, 31 and 34 of
Regulation (EU) No 1305/2013
and that organic animals are not
present at the same time on that
pasture.
1.4.2 Grazing of common land and
Commission proposal unchanged
Commission proposal unchanged
transhumance
1.4.2.1
Organic animals may be
1.4.2.1.
Organic animals
Commission proposal unchanged
grazed on common land, provided
may
be graze
d on common
that:
land, provided that:
Amendment 311
Annex II - Part II - point 1.4.2.1 (a)
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Commission proposals
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(a)
the common land is
fully
(a)
the common land
(a) the common land
on which grazing is
managed in accordance with
has not been treated with taking place has not been treated with
this Regulation;
products not authorised
products not authorised for organic
for organic production
production for at least two years;
for at least three years; is This condition shall not apply to extensive
fully managed in
pastures which are not used by animals for
accordance with this
more than 150 days in a year;
Regulation;
Amendment 312
Annex II - Part II - point 1.4.2.1 (b)
(b)
any non-organic
(b)
any non-organic
deleted
animals which use the land
animals which use the
concerned are derived from a
land concerned are derived
production system equivalent
from a production system
to one of those provided for
equivalent to one of those
in Articles 28 and 30 of
provided for in Articles
Regulation (EU) No
23, 25, 28
, and 30
, 31 and
1305/201365;
34 of Regulation (EU) No
1305/2013
66;
(c)
any livestock products
Commission proposal unchanged
Commission proposal unchanged
from organic animals, whilst
using this land, is not regarded
65
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p.
487).
66
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p.
487).
347
Commission proposals
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as being from organic
production, unless adequate
segregation from non-organic
animals can be proved.
Amendment 313
Annex II - Part II - point 1.4.2.2
1.4.2.2
During the period of
1.4.2.2.
During the period
1.4.2.2. During the period of transhumance
transhumance animals may graze on
of transhumance animals may animals may graze on non-organic land when
non-organic land when they are
graze on non-organic land
they are being moved on foot from one grazing
being moved on foot from one
when they are being moved
area to another. The uptake of non-organic
grazing area to another. The uptake
on foot from one grazing area feed, in the form of grass and other vegetation
of non-organic feed, in the form of
to another. The uptake of
on which the animals graze, shall
not exceed
grass and other vegetation on which
non-organic feed, in the form
20 % of the total feed ration per year. This
the animals graze, shall
be allowed
of grass and other vegetation
figure shall be calculated as a percentage of
for a maximum of 35 days covering
on which the animals graze,
the dry matter of feeding stuffs from
both the outward and return
shall be allowed for a
agricultural origin.
journeys.
maximum of 35 days
covering both the outward
and return journeys.
During
this period, organic
livestock shall be kept
separate from other
livestock.
Amendment 314
Annex II - Part II - point 1.4.2.2 (1)
(a) (new)
Operators shall keep documentary evidence of
the use of provisions referred to in point 1.4.2.
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Commission proposals
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1.4.3 In-conversion feed
Commission proposal unchanged
Commission proposal unchanged
Amendment 315
Annex II - Part II - point 1.4.3.1
1.4.3.1
For in-conversion
1.4.3.1.
For in-conversion 1.4.3.1.
Up to 25 % on average of the
feed
fed
agricultural holdings, up to 15 % of
agricultural holdings, up to
to livestock may
be made up of in-conversion
the total average amount of feed fed
15 20 % of the total average
feed. When
the in-conversion feed
comes from
to livestock may
originate from the
amount of feed fed to
an in-conversion unit of the holding itself, this
grazing or harvesting of permanent
livestock may originate from
proportion may be increased to 100 %.
pastures, perennial forage parcels
the grazing or harvesting of
or protein crops, sown under
permanent pastures, perennial
organic management on lands in
forage parcels or protein
their first year of conversion,
crops, sown under organic
provided that they are part of the
management on lands in their
holding itself. Feed in their first
first year of conversion,
year of conversion may not be used
provided that they are part of
for the production of organic
the holding itself.
Feed in
processed feed. When
both in-
their first year of
conversion feed
and feed from
conversion may not be used
parcels in their first year of
for the production of
conversion are being used, the total
organic processed feed.
combined percentage
of such feed
When
both in-conversion
shall not exceed the maximum
feed and feed from parcels
percentages fixed in point 1.4.3.2.
both in their first
and second year of conversion are being
used
for feeding, the total
combined percentage of such
feed shall not exceed the
maximum percentages fixed
in point 1.4.3.2.
Feed in
their first year of
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Commission proposals
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conversion may not be used
for the production of
organic processed feed.
Amendment 316
Annex II - Part II - point 1.4.3.2
1.4.3.2
For organic agricultural
1.4.3.2.
For organic
1.4.3.2. Up to
30 % of the total average
holdings, up to 20 %
on average
of
agricultural holdings, up to
amount of feedingstuffs fed to livestock may
the feed formula of rations may
20 30 % on average of the
originate from the grazing or harvesting of
comprise in-conversion feed,
feed formula of rations may
permanent pastures, perennial forage parcels
namely feed from the second year of
comprise
in-conversion feed, or protein crops, sown under organic
conversion.
For in-conversion
namely feed from the second
management on lands in their first year of
agricultural holdings, when the in-
year of conversion. For in-
conversion
, provided that they form part of the
conversion
feed come from the
conversion agricultural
holding itself and have not been part of an
holding itself, this percentage
may
holdings, when the
in-
organic production unit of that holding in the
be increased to 100.
conversion feed
from the
last five years. When both in-conversion
second year of conversion
feedingstuffs and feedingstuffs from parcels
come
s from the holding
in their first year of conversion are being
itself, this percentage may be
used, the total combined percentage
of such
increased to 100.
feedingstuffs shall not exceed the maximum
percentages fixed in point 1.4.3.1.
1.4.3.3
The figures in points
Commission proposal unchanged
Commission proposal unchanged
1.4.3.1. and 1.4.3.2. shall be
calculated annually as a percentage
of the dry matter of feed of plant
origin.
1.4.4 Use of certain feed materials
1.4.4. Use of certain feed materials
Commission proposal unchanged
and substances in feed
and substances in feed
Amendment 317
350
Commission proposals
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Annex II - Part II - point 1.4.4 (1)
Only organic feed materials of
Only organic feed materials
, as well Only organic feed materials of
plant and
animal origin as well as feed
as feed materials and feed additives animal origin
, feed materials of invertebrate
materials and feed additives
authorised for use in organic
origin and fermentative products of organic
authorised for use in organic
production pursuant to Article 19
origin, as well as feed materials and feed
production pursuant to Article 19
and to point 3 of part IV of
additives authorised for use in organic
may be used in the processing of
Annex II may be used in the
production pursuant to Article 19 may be used
organic feed and in the feeding of
processing of organic feed and in
in the processing of organic feed and in the
organic animals.
the feeding of organic animals.
feeding of organic animals.
Non-organic protein feed may be used
provided that:
(i) it is not available in organic form;
(ii) it is produced or prepared without
chemical solvents; and
(iii) its use is limited to porcine and poultry
species and to specific stages of development
(piglets up to 35kg and young poultry) and
specific protein compounds.
This is an exception to the production rules
relating to non-availability of organic farm
input in accordance with point (b) of Article
17(2). Where farmers are unable to obtain
protein feed exclusively from organic
production for porcine and poultry species,
the maximum percentage of non-organic
protein feed authorised per period of 12
months for those species shall not exceed 5 %
and shall be decreased in line with the
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Commission proposals
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availability of organic protein feed.
Non-organic spices, herbs and molasses may
be used, provided that:
(i) they are not available in organic form;
(ii) they are produced or prepared without
chemical solvents; and
(iii) their use is limited to 1 % of the feed
ration of a given species, calculated annually
as a percentage of the dry matter of feed from
agricultural origin. This is an exeption to the
production rules relating to non-availability of
organic farm input in accordance with point
(b) of Article 17(2), where farmers are unable
to obtain spices, herbs, and molasses
exclusively from organic production. The
percentage shall be decreased in line with the
availability of organic spices, herbs and
molasses;
Products from sustainable fisheries may be
used, provided that:
(i) they are produced or prepared without
chemical solvents;
(ii) their use is restricted to non-herbivores;
and
(iii) the use of fish protein hydrolysate is
restricted solely to young animals;
This is an exeption to the production rules
relating to non-availability of organic farm
352
Commission proposals
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input in accordance with point (b) of Article
17(2), where farmers are unable to obtain
products from sustainable fisheries
exclusively from organic production. The
percentage shall be decreased in line with the
availability of organic fisheries.
1.5 Health care
Commission proposal unchanged
Commission proposal unchanged
1.5.1 Disease prevention
Commission proposal unchanged
Commission proposal unchanged
1.5.1.1
Disease prevention shall
Commission proposal unchanged
Commission proposal unchanged
be based on breed and strain
selection, husbandry management
practices, high quality feed and
exercise, appropriate stocking
density and adequate and appropriate
housing maintained in hygienic
conditions.
1.5.1.2
The use of
Commission proposal unchanged
Commission proposal unchanged
immunological veterinary medicinal
products shall be allowed.
1.5.1.3
The use of chemically
Commission proposal unchanged
Commission proposal unchanged
synthesised allopathic veterinary
medicinal products or antibiotics for
preventive treatment shall be
prohibited.
Amendment 318
Annex II - Part II - point 1.5.1.3 (a)
(new)
353
Commission proposals
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1.5.1.3a. The use of bolus composed of
synthesised allopathic chemical molecules is
prohibited;
1.5.1.4
The use of substances to
Commission proposal unchanged
Commission proposal unchanged
promote growth or production
(including antibiotics,
coccidiostatics and other artificial
aids for growth promotion purposes)
and the use of hormones or similar
substances to control reproduction or
for other purposes (e.g. induction or
synchronisation of oestrus), shall be
prohibited.
1.5.1.5
Where livestock is
1.5.1.5.
Where livestock
Commission proposal unchanged
obtained from non-organic units,
is obtained from non-organic
special measures such as screening
production units, special
tests or quarantine periods shall
measures such as screening
apply, depending on local
tests or quarantine periods
circumstances.
shall apply, depending on
local circumstances.
1.5.1.6
With regard to cleaning
Commission proposal unchanged
Commission proposal unchanged
and disinfection, only the products
for cleaning and disinfection in
livestock buildings and installations
authorised for use in organic
production pursuant to Article 19
shall be used.
1.5.1.7
Housing, pens,
Commission proposal unchanged
Commission proposal unchanged
equipment and utensils shall be
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Commission proposals
Council General Approach
COMAGRI Vote
properly cleaned and disinfected to
prevent cross-infection and the
build-up of disease carrying
organisms. Faeces, urine and
uneaten or spilt feed shall be
removed as often as necessary to
minimise smell and to avoid
attracting insects or rodents.
Rodenticides (to be used only in
traps), and the products authorised
for use in organic production
pursuant to Article 19 may be used
for the elimination of insects and
other pests in buildings and other
installations where livestock is kept.
1.5.2 Veterinary treatment
Commission proposal unchanged
Commission proposal unchanged
1.5.2.1
Where despite
Commission proposal unchanged
Commission proposal unchanged
preventive measures to ensure
animal health animals become sick
or injured they shall be treated
immediately.
Amendment 319
Annex II - part II - point 1.5.2.2
1.5.2.2 Disease shall be treated
Commission proposal unchanged
1.5.2.2. Disease shall be treated immediately to
immediately to avoid suffering of
avoid suffering of the animal; chemically
the animal; chemically synthesised
synthesised allopathic veterinary medicinal
allopathic veterinary medicinal
products including antibiotics may be used
products including antibiotics may
where necessary and under the responsibility of
be used where necessary
and under
a veterinarian, when the use of
355
Commission proposals
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strict conditions and under the
phytotherapeutic, homeopathic and other
responsibility of a veterinarian,
products is inappropriate. In particular
when the use of phytotherapeutic,
restrictions with respect to courses of treatment
homeopathic and other products is
and withdrawal periods shall be defined.
inappropriate. In particular
restrictions with respect to courses
of treatment and withdrawal periods
shall be defined.
1.5.2.3
Feed materials of
Commission proposal unchanged
Commission proposal unchanged
mineral origin and nutritional
additives authorised for use in
organic production pursuant to
Article 19 and phytotherapeutic and
homeopathic products shall be used
in preference to chemically-
synthesised allopathic veterinary
treatment including antibiotics,
provided that their therapeutic effect
is effective for the species of animal,
and the condition for which the
treatment is intended.
Amendment 320
Annex II - Part II - point 1.5.2.4
1.5.2.4 With the exception of
1.5.2.4.
With the
1.5.2.4. With the exception of vaccinations,
vaccinations, treatments for parasites
exception of vaccinations,
treatments for parasites
, phytotherapeutic and
and compulsory eradication schemes
treatments for parasites and
homeopathic products and compulsory
where an animal or group of animals
compulsory eradication
eradication schemes where an animal or group
receive more than three courses of
schemes where an animal or
of animals receive more than three courses of
treatments with chemically-
group of animals receive
treatments with chemically-synthesised
synthesised allopathic veterinary
more than three courses of
allopathic veterinary medicinal products
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Commission proposals
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medicinal products including
treatments with chemically-
including antibiotics within 12 months, or more
antibiotics within 12 months, or
synthesised allopathic
than one course of treatment if their productive
more than one course of treatment if
veterinary medicinal products lifecycle is less than one year, the livestock
their productive lifecycle is less than
including antibiotics within
concerned, or produce derived from them, shall
one year, the livestock concerned, or
12 months, or more than one
not be sold as organic products, and the
produce derived from them, shall not
course of treatment if their
livestock shall undergo the conversion periods
be sold as organic products, and the
productive lifecycle is less
referred to in points 1.2 and 2.
livestock shall undergo the
than one year, the livestock
conversion periods referred to in
concerned, or produce
points 1.2 and 2.
derived from them, shall not
be sold as organic products,
and the livestock shall
undergo the conversion
periods referred to in points
1.2
and 2.
Amendment 321
Annex II - Part II - point 1.5.2.5
1.5.2.5
The withdrawal period
Commission proposal unchanged
1.5.2.5. The withdrawal period between the last
between the last administration of
an
administration of
a chemically synthesised
allopathic veterinary medicinal
allopathic veterinary medicinal product to an
product to an animal under normal
animal under normal conditions of use, and the
conditions of use, and the production
production of organically produced foodstuffs
of organically produced foodstuffs
from such animals,
shall be twice the
from such animals,
is to be twice the
withdrawal period referred to in Article
9 of
withdrawal period
as referred to in
Directive 2001/82/EC
and at least 48 hours.
Article
11 of Directive 2001/82/EC
or, in a case in which this period is
not specified, 48 hours.
1.5.2.6
Treatments related to the Commission proposal unchanged
Commission proposal unchanged
protection of human and animal
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Commission proposals
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health imposed on the basis of Union
legislation shall be allowed.
1.6 Housing conditions and
Commission proposal unchanged
Commission proposal unchanged
husbandry practices
1.6.1 Insulation, heating and
Commission proposal unchanged
Commission proposal unchanged
ventilation of the building shall
ensure that air circulation, dust level,
temperature, relative air humidity
and gas concentration, are kept
within limits which ensure the well-
being of the animals. The building
shall permit plentiful natural
ventilation and light to enter.
1.6.2 Housing for livestock shall not 1.6.2. Housing for livestock shall
Commission proposal unchanged
be mandatory in areas with
not be mandatory in areas with
appropriate climatic conditions to
appropriate climatic conditions to
enable animals to live outdoors.
enable animals to live outdoors.
Livestock shall have permanent
Livestock shall have permanent
access to open air areas, preferably
access to open air areas,
pasture, whenever weather
preferably pasture, whenever
conditions and the state of the
weather conditions and the state
ground allow this, unless restrictions
of the ground allow this, unless
and obligations related to the
restrictions and obligations
protection of human and animal
related to the protection of
health are imposed on the basis of
human and animal health are
Union legislation. Animals shall
imposed on the basis of Union
have access to shelters or shady
legislation. Animals shall have
areas to protect them from adverse
access to shelters or shady areas to
weather conditions.
protect them from adverse weather
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Commission proposals
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conditions.
1.6.3 The stocking density in
Commission proposal unchanged
Commission proposal unchanged
buildings shall provide for the
comfort, the well-being and the
species-specific needs of the animals
which, in particular, shall depend on
the species, the breed and the age of
the animals. It shall also take
account of the behavioural needs of
the animals, which depend in
particular on the size of the group
and the animals' sex. The density
shall ensure the animals' welfare by
providing them with sufficient space
to stand naturally, move, lie down
easily, turn round, groom
themselves, assume all natural
postures and make all natural
movements such as stretching and
wing flapping.
1.6.4 The minimum surface for
1.6.4. The minimum surface for
Commission proposal unchanged
indoor and outdoor areas, and other
indoor and outdoor areas, and
characteristics of housing for
other characteristics of housing
different species and categories of
for different species and
animals, shall be as set out in points
categories of animals, shall be as
2.1.4., 2.2.4., 2.3.4. and 2.4.5.
set out in points 2.1.4., 2.2.4.,
2.3.4. and 2.4.5.
Amendment 322
Annex II - Part II - point 1.6.5
359
Commission proposals
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1.6.5 Open air areas may be partially Commission proposal unchanged
1.6.5. Open air areas may be partially covered.
covered. Verandas shall
not be
Verandas shall
only be considered as open air
considered as open air areas.
areas
for breeding birds and for pullets aged
under 18 weeks.
1.6.6 The total stocking density shall Commission proposal unchanged
Commission proposal unchanged
not exceed the limit of 170 kg of
organic nitrogen per year and
hectare of agricultural area.
1.6.7 To determine the appropriate
Commission proposal unchanged
Commission proposal unchanged
density of livestock referred to in
point 1.6.6, the competent authority
shall set out the livestock units
equivalent to the limit referred to in
point 1.6.6., following the figures
laid down in each of the specific
requirement by animal production.
1.7 Animal welfare
Commission proposal unchanged
Commission proposal unchanged
1.7.1 All persons involved in
Commission proposal unchanged
Commission proposal unchanged
keeping animals shall possess the
necessary basic knowledge and skills
as regards the health and the welfare
needs of the animals.
1.7.2 Husbandry practices, including Commission proposal unchanged
Commission proposal unchanged
stocking densities and housing
conditions shall ensure that the
developmental, physiological and
ethological needs of animals are met.
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Commission proposals
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Amendment 323
Annex II - Part II - point 1.7.3
1.7.3
The livestock shall have
Commission proposal unchanged
1.7.3.
Herbivores shall have permanent access
permanent access to open air areas,
to open air areas
during daytime,
including
preferably pasture, whenever
open-air pens and pasture
as appropriate to
weather conditions and the state of
the species concerned, whenever weather
the ground allow this unless
conditions and the state of the ground allow
restrictions and obligations related to
this
, unless restrictions and obligations related
the protection of human and animal
to the protection of human and animal health
health are imposed
on the basis of
are imposed
pursuant to Union legislation.
Union legislation.
Whenever weather and seasonal conditions
and the state of the ground do not allow
access to pasture, livestock shall, as
appropriate, have access during daytime to
open-air areas allowing the animals to
exercise, save where this is not conducive to
the welfare of the animals concerned or where
temporary restrictions and obligations related
to the protection of human and animal health
are imposed pursuant to Union legislation.
1.7.4 The number of livestock shall
Commission proposal unchanged
Commission proposal unchanged
be limited with a view to minimising
overgrazing, poaching of soil,
erosion, or pollution caused by
animals or by the spreading of their
manure.
1.7.5 Where Article 8(5) and point
1.7.5. Where Article 8(5) and
Commission proposal unchanged
1.4.2.2. of this Part apply, organic
point 1.4.2.2. of this Part apply,
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livestock shall be kept separate from
organic livestock shall be kept
other livestock.
separate from other livestock.
Amendment 324
Annex II - Part II - point 1.7.6
1.7.6 Tethering or isolation of
1.7.6. Tethering or isolation of
1.7.6. Tethering or isolation of livestock shall
livestock shall be prohibited,
unless
livestock shall be prohibited, unless be prohibited,
save for individual animals for a
for individual animals for a limited
for individual animals for a limited
limited period of time, and in so far as this is
period of time, and in so far as this is period of time, and in so far as this
justified
on grounds of safety or animal
justified for veterinary reasons.
is justified for veterinary reasons.
protection or for veterinary reasons.
Isolation
Competent authorities may authorise
Isolation of livestock may be
of livestock may be authorised, for a limited
cattle in micro-enterprises to be
authorised, for a limited period of period of time, only when workers' safety is
tethered
if it is not possible to keep
time, only when workers safety is
compromised and for animal welfare reasons.
the cattle in groups appropriate to
compromised and for animal
Competent authorities may authorise cattle in
their behaviour requirements,
welfare reasons. Competent
micro-enterprises
and undertakings located in
provided they have access to
authorities may authorise cattle in
disadvantaged areas to be tethered, provided
pastures during the grazing period,
farms with a maximum of 50
they have access to pastures during the grazing
and at least twice a week access to
animals (excluding young stock)
period
whenever weather conditions and the
open air areas when grazing is not
micro-enterprises to be tethered if
state of the ground allow this during daytime,
possible.
it is not possible to keep the cattle
unless restrictions and obligations relating to
in groups appropriate to their
the protection of human and animal health
behaviour requirements, provided
are imposed pursuant to Union legislation,
they have access to pastures during
and at least twice a week access to open air
the grazing period, and at least
areas when grazing is not possible.
twice a week access to open air
areas when grazing is not possible.
1.7.7 Duration of transport of
Commission proposal unchanged
Commission proposal unchanged
livestock shall be minimised.
Amendment 325
Annex II - Part II - point 1.7.8
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1.7.8 Any suffering shall be kept to
Commission proposal unchanged
1.7.8.
When organic production is carried out
a minimum during the entire life of
in accordance with this Regulation, its effect
the animal, including at the time of
on animal welfare, understood in the light of
slaughter.
Article 13 of the Treaty on the Functioning of
the European Union, should be considered in
order to spare the animals any avoidable pain,
distress or suffering. Animal welfare
legislation such as Council Regulation (EC)
No 1/20051a and Council Regulation (EC) No
1099/20091bshould necessarily continue to
apply and be properly implemented. The rules
contained in this Regulation should not
duplicate or overlap with them.
Amendment 326
Annex II - Part II - point 1.7.8 (a)
(new)
1.7.8a. All persons handling organic animals
during transport and slaughter shall receive
adequate training to ensure proper
application of the rules set out in this
Regulation, as supported by regular
inspections to ensure compliance.
Amendment 327
Annex II - Part II - point 1.7.9
1.7.9 Mutilation of animals shall be
Commission proposal unchanged
1.7.9. Mutilation of animals shall be prohibited.
prohibited.
The trimming of the beaks of poultry, when
undertaken in the first three days of life,
attaching elastic bands to the tails of sheep
and tail-docking may be authorised by the
competent authority for reasons of safety or
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animal and human health or if such actions
are intended to improve the health, welfare or
hygiene of the livestock concerned. Dehorning
and castration of young mammals shall be
approved only if adequate anaesthesia and/or
analgesia are applied.
1.7.9a.
Tail-docking,
trimming of beaks and
dehorning, including disbudding
are allowed only on a case-by-
case basis when they improve the
health, welfare or hygiene of the
livestock or when workers safety
is compromised. These operations
shall be authorised by a
competent authority and carried
out by qualified personnel.
1.7.10
Any suffering to the
1.7.10.
Any suffering to the
Commission proposal unchanged
animals shall be reduced to a
animals shall be reduced to a
minimum by applying adequate
minimum by applying adequate
anaesthesia and/or analgesia and by
anaesthesia and/or analgesia and by
carrying out the operation only at the carrying out
the an operation only
most appropriate age by qualified
at the most appropriate age by
personnel.
qualified personnel.
1.7.11
Physical castration shall
1.7.11
Physical castration shall Commission proposal unchanged
be allowed in order to maintain the
be allowed in order to maintain the
quality of products and traditional
quality of products and traditional
production practices but only under
production practices but only under
adequate anaesthesia or analgesia
the conditions set out in 1.7.10
and by carrying out the operation
adequate anaesthesia or analgesia
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only at the most appropriate age by
and by carrying out the operation
qualified personnel.
only at the most appropriate age
by qualified personnel.
Amendment 328
Annex II - Part II - point 1.7.12
1.7.12
Loading and unloading
1.7.12.
Loading and unloading
1.7.12. Loading and unloading of animals shall
of animals shall be carried out
of animals shall be carried out
be carried out without the use of any type of
without the use of any type of
without the use of any type of
electrical stimulation to coerce the animals
,
electrical stimulation to coerce the
electrical
or other painful
except in exceptional circumstances and in
animals. The use of allopathic
stimulation to coerce the animals.
accordance with the provisions of point 1.9 of
tranquillisers, prior to or during
The use of allopathic tranquillisers,
Annex III to Regulation (EC) No 1099/2009.
transport, shall be prohibited.
prior to or during transport, shall be
Mixing of animals which are unfamiliar with
prohibited.
each other during transport or lairage and
unnecessary overnight lairage shall be
avoided. Social animals shall be kept in
groups and shall be able to move and turn
around in the pens. The use of allopathic
tranquillisers, prior to or during transport, shall
be prohibited.
2.
Requirements for specific
2.
Requirements for specific
Commission proposal unchanged
livestock species
livestock species
2.1 Production of bovine, ovine
2.1. Production of bovine, ovine
Commission proposal unchanged
and caprine animals
and caprine animals
2.1.1 Conversion
2.1.1.
Conversion
Commission proposal unchanged
For bovine, ovine and caprine
For bovine, ovine and caprine
Commission proposal unchanged
animals and their products to be
animals and their products to be
considered organic, the production
considered organic, the
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rules set out in this Regulation must
production rules set out in this
have been applied for at least:
Regulation must have been
applied for at least:
Amendment 329
Annex II - Part II - point 2.1.1 (1) (a)
(a) 12 months in the case of
(a) 12 months in the case
(a) 12 months in the case of bovines animals
bovines animals for meat
of bovines animals for meat for meat production;
production
, and in any case at
production, and in any case
least three quarters of their
at least three quarters of
lifetime;
their lifetime;
(b)
six months in the case of
(b) six months in the case
Commission proposal unchanged
ovine and caprine animals and
of ovine and caprine
of animals for milk production.
animals and of animals for
milk production.
2.1.2. Nutrition
2.1.2 Nutrition
Commission proposal unchanged
With regard to nutrition the
With regard to nutrition the
following rules shall apply:
following rules shall apply:
(a)
bovine, ovine and
(a) bovine, ovine and
Commission proposal unchanged
caprine animals shall have
caprine animals shall have
access to pasturage for grazing
access to pasturage for
whenever conditions allow;
grazing whenever
conditions allow;
(b)
notwithstanding point
(b) notwithstanding point
Commission proposal unchanged
(a), male bovine animals over
(a), male bovine animals
one year old shall have access
over one year old shall have
to pasturage or an open air
access to pasturage or an
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area;
open air area;
(c)
in cases where bovine,
(c)
in cases where bovine,
Commission proposal unchanged
ovine and caprine animals
ovine and caprine animals
have access to pasturage
have access to pasturage
during the grazing period and
during the grazing period
where the winter- housing
and where the winter-
system gives freedom of
housing system gives
movement to the animals, the
freedom of movement to the
obligation to provide open air
animals, the obligation to
areas during the winter months
provide open air areas
may be waived;
during the winter months
may be waived;
Amendment 330
Annex II - Part II - point 2.1.2 (d)
(d)
except during the period
(d) except during the
(d) except during the period each year when the
each year when the animals are
period each year when the
animals are under transhumance
as referred to
under transhumance referred to
animals are under
in point 1.4.2.2., at least
60 % of the feed shall
in point 1.4.2.2., at least
90 %
transhumance referred to
come
primarily from the farm itself or
, where
of the feed shall come from the
in point 1.4.2.2., at least 90
this is not feasible,
shall to the extent possible
farm itself or
in case this is not
% of the feed shall come
be produced in cooperation with other organic
feasible, be produced in
from the farm itself or in
farms
established within a radius of 150 km of
cooperation with other organic
case this is not feasible, be
the farm itself and be produced in the Union.
farms
in the same region;
produced in cooperation
For the purposes of calculating the distance
with other organic farms in
in the case of farms located on islands and in
the same region;
coastal areas, that part of the distance which
consists of stretches of water shall not be
taken into account. This condition as to
distance shall not apply to farms in the
outermost regions.
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Local production of organic feed shall be
encouraged. To that end, Member States may
increase this percentage depending on the
availability of organic feed in the farms and
the region;
(e)
rearing systems for
(e)
rearing systems for
Commission proposal unchanged
bovine, ovine and caprine
bovine, ovine and caprine
animals shall be based on
animals shall be based on
maximum use of grazing
maximum use of grazing
pasturage according to the
pasturage according to the
availability of pastures in the
availability of pastures in
different periods of the year.
the different periods of the
At least 60 % of the dry matter
year. At least 60 % of the
in daily rations of bovine,
dry matter in daily rations
ovine and caprine animals
of bovine, ovine and
shall consist of roughage, fresh
caprine animals shall
or dried fodder, or silage. A
consist of roughage, fresh
reduction to 50 % for animals
or dried fodder, or silage. A
in dairy production for a
reduction to 50 % for
maximum period of three
animals in dairy production
months in early lactation shall
for a maximum period of
be allowed;
three months in early
lactation shall be allowed;
Amendment 331
Annex II ) Part II - point 2.1.2 (1) (f)
(f)
all suckling bovine,
(f)
all suckling bovine,
(f) all suckling bovine, ovine and caprine
ovine and caprine animals
ovine and caprine animals
animals shall be fed in preference on maternal
shall be fed in preference on
shall be fed in preference
milk
or natural milk for a minimum period of
maternal milk for a minimum
on maternal milk for a
three months for bovine animals and 45 days
period of three months for
minimum period of three
for ovine and caprine animals.
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Commission proposals
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bovine animals and 45 days for
months for bovine animals
ovine and caprine animals.
and 45 days for ovine and
caprine animals.
2.1.3 Specific housing conditions
2.1.3.
Specific housing
Commission proposal unchanged
conditions
With regard to the housing
conditions the following rules shall
With regard to the housing
apply:
conditions the following rules
shall apply:
(a)
housing of bovine, ovine
(a) housing of bovine,
Commission proposal unchanged
and caprine animals shall have
ovine and caprine animals
smooth, but not slippery
shall have smooth, but not
floors. At least half of the
slippery floors. At least half
indoor surface area as
of the indoor surface area
specified in the table on
as specified in the table on
minimum surface areas for
minimum surface areas for
bovine, ovine and caprine
bovine, ovine and caprine
animals set out in point 2.1.4.,
animals set out in point
shall be solid, that is, not of
2.1.4., shall be solid, that is,
slatted or of grid construction;
not of slatted or of grid
construction;
(b)
the housing shall be
(b) the housing shall be
Commission proposal unchanged
provided with a comfortable,
provided with a
clean and dry laying/rest area
comfortable, clean and dry
of sufficient size, consisting of
laying/rest area of sufficient
a solid construction which is
size, consisting of a solid
not slatted. Ample dry bedding
construction which is not
strewn with litter material shall
slatted. Ample dry bedding
be provided in the rest area.
strewn with litter material
The litter shall comprise straw
shall be provided in the rest
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or other suitable natural
area. The litter shall
material. The litter may be
comprise straw or other
improved and enriched with
suitable natural material.
any mineral product authorised
The litter may be improved
as fertiliser or soil conditioner
and enriched with any
for use in organic production
mineral product authorised
pursuant to Article 19;
as fertiliser or soil
conditioner for use in
organic production
pursuant to Article 19;
(c)
notwithstanding point (a)
(c)
notwithstanding point
Commission proposal unchanged
of the first subparagraph of
(a) of the first
Article 3(1) and the second
subparagraph of Article
subparagraph of Article 3(1) of
3(1) and the second
Council Directive
subparagraph of Article
2008/119/EC
67, the housing of
3(1) of Council Directive
calves in individual boxes
2008/119/EC68, the housing
shall be forbidden after the age
of calves in individual boxes
of one week, unless for
shall be forbidden after the
individual animals for a
age of one week, unless for
limited period of time, and in
individual animals for a
so far as this is justified for
limited period of time, and
veterinary reasons.
in so far as this is justified
for veterinary reasons.
Amendment 332
Annex II - Part II - point 2.1.3 (c) (a)
67
Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (OJ L 10, 15.1.2009, p. 7).
68
Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (OJ L 10, 15.1.2009,
p. 7).
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Commission proposals
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(new)
(ca) when a calf is treated individually for
veterinary reasons, it shall be kept in spaces
that have a solid floor and must be provided
with straw bedding. The calf should be able to
turn around easily and to lie down
comfortably at full length.
2.1.4 Stocking density
2.1.4.
Stocking density
Commission proposal unchanged
The number of bovine, ovine and
The number of bovine, ovine and
caprine animals per hectare shall
caprine animals per hectare shall
respect the following limits:
respect the following limits:
See table
Deleted
Commission proposal unchanged
The minimum surface areas indoors
The minimum surface areas
Commission proposal unchanged
and outdoors and other
indoors and outdoors and other
characteristics of housing of bovine,
characteristics of housing of
ovine, and caprine animals shall be
bovine, ovine, and caprine
as follows:
animals shall be as follows:
See table
Deleted
Commission proposal unchanged
2.2 Production of equine animals
2.2.
Production of equine
Commission proposal unchanged
animals
2.2.1 Conversion
2.2.1.
Conversion
Commission proposal unchanged
For equine animals and their
For equine animals and their
products to be considered organic,
products to be considered
the production rules of this
organic, the production rules of
Regulation must have been applied
this Regulation must have been
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for at least:
applied for at least:
(a)
12 months, for meat
(a) 12 months, for meat
Commission proposal unchanged
production, and in any case at
production, and in any case
least three quarters of their
at least three quarters of
lifetime;
their lifetime;
(b)
six months in the case of
(b) six months in the case
Commission proposal unchanged
animals for milk production.
of animals for milk
production.
2.2.2 Nutrition
2.2.2.
Nutrition
Commission proposal unchanged
With regard to nutrition the
With regard to nutrition the
following rules shall apply:
following rules shall apply:
(a)
equine animals shall
(a) equine animals shall
Commission proposal unchanged
have access to pasturage for
have access to pasturage for
grazing whenever conditions
grazing whenever
allow;
conditions allow;
(b)
in cases where equine
(b) in cases where equine
Commission proposal unchanged
animals have access to
animals have access to
pasturage during the grazing
pasturage during the
period and where the winter-
grazing period and where
housing system gives freedom
the winter-housing system
of movement to the animals,
gives freedom of movement
the obligation to provide open
to the animals, the
air areas during the winter
obligation to provide open
months may be waived;
air areas during the winter
months may be waived;
Amendment 333
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Commission proposals
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Annex II - Part II - point 2.2.2 (c)
(c)
except during the period
(c)
except during the
(c) except during the period each year when the
each year when the animals are
period each year when the
animals are under transhumance as mentioned
under transhumance as
animals are under
in point 1.4.2.2., at least
60 % of the feed shall
mentioned in point 1.4.2.2., at
transhumance as
come
primarily from the farm itself or
, where
least
90 % of the feed shall
mentioned in point 1.4.2.2.,
this is not feasible,
shall to the extent possible
come from the farm itself or
at least 90 % of the feed
be produced in cooperation with other organic
in case this is not feasible, be
shall come from the farm
farms
established within a radius of 150 km of
produced in cooperation with
itself or in case this is not
the farm itself and be produced in the Union.
other organic farms
in the
feasible, be produced in
For the purposes of calculating the distance
same region;
cooperation with other
in the case of farms located on islands and in
organic farms in the same
coastal areas, that part of the distance which
region;
consists of stretches of water shall not be
taken into account. This condition as to
distance shall not apply to farms in the
outermost regions.
Local production of organic feed shall be
encouraged. To that end, Member States may
increase this percentage depending on the
availability of organic feed in the farms and
the region;
Amendment 334
Annex II - Part II - point 2.2.2 (d)
(d)
rearing systems for
(d) rearing systems for
(d) rearing systems for equine animals shall be
equine animals shall be based
equine animals shall be
based on maximum use of grazing pasturage
on maximum use of grazing
based on maximum use of
according to the availability of pastures in the
pasturage according to the
grazing pasturage
different periods of the year.
Where higher
availability of pastures in the
according to the availability percentages of roughage are not possible, the
different periods of the year.
of pastures in the different
following minimum rule shall apply whilst
At least 60 % of the dry matter
periods of the year. At least
respecting the nutrition, health and welfare
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Commission proposals
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in daily rations of equine
60 % of the dry matter in
requirements of the breeds concerned: at least
animals shall consist of
daily rations of equine
60 % of the dry matter in daily rations of
roughage, fresh or dried
animals shall consist of
equine animals shall consist of roughage, fresh
fodder, or silage;
roughage, fresh or dried
or dried fodder, or silage;
fodder, or silage;
Amendment 335
Annex II - Part II - point 2.2.2 (e)
(e)
all suckling equine
(e)
all suckling equine
(e) all suckling equine animals shall be fed in
animals shall be fed in
animals shall be fed in
preference on maternal milk
suckled directly
preference on maternal milk
,
preference on maternal
from the mother until the natural time of
for a minimum period of three
milk, for a minimum period weaning.
months.
of three months.
2.2.3 Specific housing conditions
2.2.3.
Specific housing
Commission proposal unchanged
conditions
With regard to the housing
conditions the following rules shall
With regard to the housing
apply:
conditions the following rules
shall apply:
(a)
housing of equine
(a) housing of equine
Commission proposal unchanged
animals shall have smooth, but
animals shall have smooth,
not slippery floors. At least
but not slippery floors. At
half of the indoor surface area
least half of the indoor
as specified in the table on
surface area as specified in
minimum surface areas for
the table on minimum
equine animals set out in point
surface areas for equine
2.2.4., shall be solid, that is,
animals set out in point
not of slatted or of grid
2.2.4., shall be solid, that is,
construction;
not of slatted or of grid
construction;
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Commission proposals
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(b)
the housing shall be
(b) the housing shall be
Commission proposal unchanged
provided with a comfortable,
provided with a
clean and dry laying/rest area
comfortable, clean and dry
of sufficient size, consisting of
laying/rest area of sufficient
a solid construction which is
size, consisting of a solid
not slatted. Ample dry bedding
construction which is not
strewn with litter material shall
slatted. Ample dry bedding
be provided in the rest area.
strewn with litter material
The litter shall comprise straw
shall be provided in the rest
or other suitable natural
area. The litter shall
material. The litter may be
comprise straw or other
improved and enriched with
suitable natural material.
any mineral product authorised
The litter may be improved
as fertiliser or soil conditioner
and enriched with any
for use in organic production
mineral product authorised
pursuant to Article 19.
as fertiliser or soil
conditioner for use in
organic production
pursuant to Article 19.
2.2.4 Stocking density
2.2.4.
Stocking density
Commission proposal unchanged
The number of equine animals per
The number of equine animals
hectare shall respect the following
per hectare shall respect the
limit:
following limit:
See table
Deleted
Commission proposal unchanged
The minimum surface areas indoors
The minimum surface areas
Commission proposal unchanged
and outdoors and other
indoors and outdoors and other
characteristics of housing equine
characteristics of housing equine
animals shall be as follows:
animals shall be as follows:
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Commission proposals
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See table
Deleted
Commission proposal unchanged
Amendment 336
Annex II - part II - point 2.2 (a)
(new)
2.2a. Production of rabbits
2.2a.1. Conversion
In order for rabbits and their products to be
considered organic, the production rules laid
down by this Regulation must have been
applied for at least 12 months.
2.2a.2. Nutrition
With regard to nutrition, the following rules
shall apply:
(a) rabbits shall have access to pasturage for
grazing whenever conditions allow;
(b) rearing systems for rabbits shall be based
on maximum use of grazing pasturage
according to the availability of pastures in the
different periods of the year;
(c) fibrous food such as straw and/or hay must
be provided when grass is not sufficient.
Forage shall comprise at least 60% of the diet;
(d) in the case of rabbits, at least 60 % of the
feed shall come from the farm unit itself or,
where this is not feasible, shall be produced in
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Commission proposals
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cooperation with other organic farms in the
same region;
(e) rabbits must be fed with natural milk until
weaning at a minimum age of four weeks.
2.2a.3. Specific housing conditions
With regard to housing conditions, the
following rules shall apply:
(a) all rabbits shall be kept in groups. Where
does are kept individually to protect their
welfare, they must be able to contact each
other or a buck through the wire at the side of
the pen (i.e. if in moveable pens, two need to
be placed next to each other). Bucks must be
able to make similar contact with a doe;
(b) farms shall use robust breeds adapted to
outdoor conditions;
(c) the housing shall be provided with a
comfortable, clean and dry laying/rest area of
sufficient size, consisting of a solid
construction which is not slatted. Ample dry
bedding strewn with litter material shall be
provided in the rest area. The litter shall
comprise straw or other suitable natural
material. The litter may be improved and
enriched with any mineral product authorised
as fertiliser or soil conditioner for use in
organic production pursuant to Article 19;
(d) all rabbits shall have access to:
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Commission proposals
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(i) covered shelter including dark hiding
places with a minimum area of 0,4 m2 having
a minimum height of 60 cm;
(ii) an outdoor run with vegetation, preferably
pasture, with a minimum area of 5 m2 (or a
minimum length of 1,8 m and a minimum
area of 2,4 m2 for mobile runs).;
(iii) a raised platform on which they can sit,
either inside or out;
(iv) nesting material for all nursing does.
2.2a.4. Stocking density
The number of rabbits per hectare shall
respect the following limits:
Class or species
Maximum number of animals per ha
equivalent to 170 kg N/ha/year
Does and their offspring
25
Growing rabbits
100
Bucks
25
The minimum surface areas indoors and
outdoors and other characteristics of housing
of rabbits shall be as follows:
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Commission proposals
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(a) minimum space inside per rabbit
(including those kept in mobile pens):
(i) adult rabbits including bucks, gestating
and nursing does: 0,4 m2;
(ii) fattening rabbits: 0,15 m2;
(b) minimum space outside per rabbit
(excluding those kept in mobile pens):
(i) adult rabbits including, bucks, gestating
and nursing does: 5 m2;
(ii) fattening rabbits: 5 m2;
(c) minimum space outside per rabbit in the
case of rabbits kept in mobile pens:
(i) adult rabbits including bucks, gestating
and nursing does: 5 m2;
(ii) fattening rabbits: 0.4 m2.
2.3 Production of porcine animals
2.3.
Production of porcine
Commission proposal unchanged
animals
2.3.1 Conversion
2.3.1.
Conversion
Commission proposal unchanged
For porcine animals and their
For porcine animals and their
products to be considered organic,
products to be considered
the production rules of this
organic, the production rules of
Regulation must have been applied
this Regulation must have been
for at least six months.
applied for at least six months.
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2.3.2 Nutrition
2.3.2.
Nutrition
Commission proposal unchanged
With regard to nutrition the
With regard to nutrition the
following rules shall apply:
following rules shall apply:
Amendment 337
Annex II - Part II - point 2.3.2 (a)
(a)
at least
60 % of the feed
(a) at least 60 % of the
(a) at least
30 % of the feed shall come
shall come from the farm itself
feed shall come from the
primarily from the farm itself or
, where this is
or
in case this is not feasible,
farm itself or in case this is
not feasible,
shall to the extent possible be
be produced
in the same
not feasible, be produced in produced in cooperation with other organic
region in cooperation with
the same region in
farms
established within a radius of 150 km of
other organic farms or feed
cooperation with other
the farm itself and be produced in the Union.
operators;
organic farms or feed
For the purposes of calculating the distance
operators;
in the case of farms located on islands and in
coastal areas, that part of the distance which
consists of stretches of water shall not be
taken into account. This condition as to
distance shall not apply to farms in the
outermost regions.
Local production of organic feed shall be
encouraged. To that end, Member States may
increase this percentage depending on the
availability of organic feed in the farms and
the region;
(b)
all suckling porcine
(b) all suckling porcine
Commission proposal unchanged
animals shall be fed in
animals shall be fed in
preference on maternal milk,
preference on maternal
for a minimum period of 40
milk, for a minimum period
days;
of 40 days;
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(c)
roughage, fresh or dried
(c)
roughage, fresh or
Commission proposal unchanged
fodder, or silage shall be added
dried fodder, or silage shall
to the daily ration for pigs.
be added to the daily ration
for pigs.
Amendment 338
Annex II - Part II - point 2.3.2 (c) (a)
(new)
(ca) in order to meet the essential nutritional
requirements of organic porcine animals,
particularly as regards proteins and essential
amino acids, and where it is impossible for the
farmer to obtain protein-rich raw materials
derived solely from organic feed production,
the use of limited proportion of non-organic
protein-rich materials shall be authorised for
porcine animals and poultry.
The maximum percentage of non-organic
protein-rich materials for animal feed
authorised over a twelve-month period for
these species shall be 5 %.
The figures shall be calculated each year as a
percentage of dried fodder of agricultural
origin.
2.3.3 Specific housing conditions
2.3.3.
Specific housing
Commission proposal unchanged
conditions
With regard to the housing
conditions the following rules shall
With regard to the housing
apply:
conditions the following rules
shall apply:
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Commission proposals
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(a)
housing of porcine
(a) housing of porcine
Commission proposal unchanged
animals shall have smooth, but
animals shall have smooth,
not slippery floors. At least
but not slippery floors. At
half of the indoor surface area
least half of the indoor
as specified in the table on
surface area as specified in
minimum surface areas for
the table on minimum
porcine animals set out in
surface areas for porcine
point 2.3.4., shall be solid, that
animals set out in point
is, not of slatted or of grid
2.3.4., shall be solid, that is,
construction;
not of slatted or of grid
construction;
(b)
the housing of porcine
(b) the housing of porcine Commission proposal unchanged
animals shall be provided with
animals shall be provided
a comfortable, clean and dry
with a comfortable, clean
laying/rest area of sufficient
and dry laying/rest area of
size, consisting of a solid
sufficient size, consisting of
construction which is not
a solid construction which
slatted. Ample dry bedding
is not slatted. Ample dry
strewn with litter material shall
bedding strewn with litter
be provided in the rest area.
material shall be provided
The litter shall comprise straw
in the rest area. The litter
or other suitable natural
shall comprise straw or
material. The litter may be
other suitable natural
improved and enriched with
material. The litter may be
any mineral product authorised
improved and enriched
as fertiliser or soil conditioner
with any mineral product
for use in organic production
authorised as fertiliser or
pursuant to Article 19;
soil conditioner for use in
organic production
pursuant to Article 19;
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Commission proposals
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Amendment 339
Annex II - Part II - point 2.3.3 (b) (a) (new)
(ba) there shall always be a straw bed large
enough to ensure that all pigs in a pen can lie
down at the same time in the most space-
consuming way;
Amendment 340
Annex II - Part II - point 2.3.3 (c)
(c)
sows shall be kept in
(c)
sows shall be kept in
(c) sows shall be kept in groups, except in the
groups, except in the last
groups, except in the last
last stages of pregnancy and during the
stages of pregnancy and during
stages of pregnancy and
suckling period
, during which time the sow
the suckling period;
during the suckling period;
shall be able to move freely in her pen and
shall only be tethered for short times.
Without prejudice to any additional
requirements for straw, a few days before
expected farrowing, sows must be provided
with a quantity of straw or other suitable
natural material sufficient to enable them to
build nests;
(d)
piglets shall not be kept
(d) piglets shall not be
Commission proposal unchanged
on flat decks or in piglet cages;
kept on flat decks or in
piglet cages;
(e)
exercise areas shall
(e)
exercise areas shall
Commission proposal unchanged
permit dunging and rooting by
permit dunging and rooting
porcine animals. For the
by porcine animals. For the
purposes of rooting different
purposes of rooting
substrates can be used.
different substrates can be
used.
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2.3.4 Stocking density
2.3.4.
Stocking density
Commission proposal unchanged
The number of porcine animals per
The number of porcine animals
hectare shall respect the following
per hectare shall respect the
limits:
following limits:
Amendment 341
Annex II - Part II - point 2.3.4 (1) (a)
(new)
The size of pig production units shall be
limited in all cases to 1 500 slaughter pigs per
year or 200 sows or their equivalent in the
case of farrowing-fattening units. These
maximum figures for each production unit
may be exceeded where 100 % of the feed is
produced on the holding.
Amendment 342
Annex II - Part II - point 2.3.4 (2) -
table
See table
Deleted
Commission proposal unchanged
The minimum surface areas indoors
The minimum surface areas
Commission proposal unchanged
and outdoors and other
indoors and outdoors and other
characteristics for housing porcine
characteristics for housing
animals shall be as follows:
porcine animals shall be as
follows:
See table
Deleted
See Annex 1 to the Annex
2.4
Production of poultry
2.4.
Production of poultry
Commission proposal unchanged
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Commission proposals
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2.4.1 Conversion
2.4.1.
Conversion
Commission proposal unchanged
For poultry and their products to be
For poultry and their products to
considered organic, the production
be considered organic, the
rules of this Regulation must have
production rules of this
been applied for at least:
Regulation must have been
applied for at least:
(a)
10 weeks for poultry for
(a) 10 weeks for poultry
Commission proposal unchanged
meat production, brought in
for meat production,
before they are three days old;
brought in before they are
three days old;
(b)
six weeks in the case of
(b) six weeks in the case
Commission proposal unchanged
poultry for egg production.
of poultry for egg
production.
2.4.2 Origin of poultry
2.4.2.
Origin of poultry
Commission proposal unchanged
Amendment 343
Annex II - Part II - point 2.4.2 -
introductory part
Poultry
shall either be reared until
Poultry shall either be reared
Poultry
for meat production must be derived
they reach a minimum age or else
until they reach a
from slow-growing poultry strains
adapted for
shall come from slow-growing
minimum age or else
outdoor rearing, as defined by the competent
poultry strains as defined by the
shall come from slow-
authority.
competent authority. Where slow-
growing poultry strains
growing poultry strains are not used
as defined by the
by the farmer the minimum age at
competent authority.
slaughter shall be as follows:
Where slow-growing
poultry strains are not
used by the farmer the
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Commission proposals
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minimum age at
slaughter shall be as
follows:
Poultry shall come from slow-growing poultry
strains which meet set limited daily growth
rates that are compatible with the minimum
rearing ages for each species. The
Commission shall establish those growth rates
in accordance with Article 11(2).
Where slow-growing poultry is not available,
competent authorities shall, by way of
exception, authorise the use of poultry reared
until they reach a minimum age as defined by
the competent authority. Where slow-growing
poultry strains are not used by the farmer the
minimum age at slaughter shall be as follows:
(a)
81 days for chickens;
(a) 81 days for chickens;
Commission proposal unchanged
(b)
150 days for capons;
(b) 150 days for capons;
Commission proposal unchanged
(c)
49 days for Peking
(c)
49 days for Peking
Commission proposal unchanged
ducks;
ducks;
(d)
70 days for female
(d) 70 days for female
Commission proposal unchanged
Muscovy ducks;
Muscovy ducks;
(e)
84 days for male
(e)
84 days for male
Commission proposal unchanged
Muscovy ducks;
Muscovy ducks;
(f)
92 days for Mallard
(f)
92 days for Mallard
Commission proposal unchanged
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Commission proposals
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ducks;
ducks;
(g)
94 days for guinea fowl;
(g) 94 days for guinea
Commission proposal unchanged
fowl;
Amendment 344
Annex II - Part II - point 2.4.2 (h)
(h)
140 days for male
(h) 140 days for male
(h) 140 days for male
and female turkeys and
turkeys and roasting geese;
turkeys and roasting geese;
roasting geese
sold whole; and
and
and
Amendment 345
Annex II - Part II - point 2.4.2 (i)
(i)
100 days for female
(i)
100 days for female
(i)
98 days for female turkeys
intended for
turkeys.
turkeys.
cutting and 126 days for male turkeys
intended for cutting.
Amendment 346
Annex II - Part II - point 2.4.2 (1) (a)
(new)
Laying hens must be derived from strains
adapted to outdoor rearing.
2.4.3 Nutrition
2.4.3.
Nutrition
Commission proposal unchanged
With regard to nutrition the
With regard to nutrition the
following rules shall apply:
following rules shall apply:
Amendment 347
Annex II - Part II - point 2.4.3 (a)
(a)
at least
60 % of the feed
(a) at least 60 % of the
(a) at least
30 % of the feed shall come
primarily from the farm itself or
, where this is
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Commission proposals
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shall come from the farm itself
feed shall come from the
not feasible,
shall to the extent possible be
or
in case this is not feasible,
farm itself or in case this is
produced in cooperation with other organic
be produced
in the same
not feasible, be produced in farms
established within a radius of 150 km of
region in cooperation with
the same region in
the farm itself and be produced in the Union.
other organic farms
or feed
cooperation with other
For the purposes of calculating the distance
operators;
organic farms or feed
in the case of farms located on islands and in
operators;
coastal areas, that part of the distance which
consists of stretches of water shall not be
taken into account. This condition as to
distance shall not apply to farms in the
outermost regions.
Local production of organic feed shall be
encouraged. To that end, Member States may
increase this percentage depending on the
availability of organic feed in the farms and
the region;
(b)
roughage, fresh or dried
(b) roughage, fresh or
Commission proposal unchanged
fodder, or silage shall be added
dried fodder, or silage shall
to the daily ration.
be added to the daily
ration.
2.4.4 Specific housing conditions
2.4.4.
Specific housing
Commission proposal unchanged
conditions
With regard to the housing
conditions the following rules shall
With regard to the housing
apply:
conditions the following rules
shall apply:
(a)
poultry shall not be kept
(a) poultry shall not be
Commission proposal unchanged
in cages;
kept in cages;
(b)
water fowl shall have
(b) water fowl shall have
Commission proposal unchanged
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Commission proposals
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access to a stream, pond, lake
access to a stream, pond,
or a pool whenever the
lake or a pool whenever the
weather and hygienic
weather and hygienic
conditions permit in order to
conditions permit in order
respect their species-specific
to respect their species-
needs and animal welfare
specific needs and animal
requirements; when weather
welfare requirements;
conditions do not permit, they
when weather conditions do
shall have access to water
not permit, they shall have
which enables them to dip
access to water which
their head therein so as to
enables them to dip their
clean plumage;
head therein so as to clean
plumage;
Amendment 348
Annex II - Part II - point 2.4.4 (c)
(c)
poultry shall have access
(c)
poultry shall have
(c) poultry shall have access to an open air area
to an open air area for at least
access to an open air area
for at least one third of their life. Open air areas
one third of their life. Open air
for at least one third of
for poultry shall be mainly covered with
areas for poultry shall be
their life. Open air areas
vegetation;
mainly covered with
for poultry shall be mainly
vegetation
and be provided
covered with vegetation and
with protective facilities and
be provided with protective
permit fowl to have easy
facilities and permit fowl to
access to adequate numbers
have easy access to
of drinking troughs;
adequate numbers of
drinking troughs;
(d)
where poultry are kept
(d) where poultry are
Commission proposal unchanged
indoors due to restrictions or
kept indoors due to
obligations imposed on the
restrictions or obligations
basis of Union legislation, they
imposed on the basis of
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Commission proposals
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shall permanently have access
Union legislation, they shall
to sufficient quantities of
permanently have access to
roughage and suitable material
sufficient quantities of
in order to meet their
roughage and suitable
ethological needs;
material in order to meet
their ethological needs;
Amendment 349
Annex II - Part II - point 2.4.4 (d) (a)
(new)
(da) the total usable surface area of poultry
buildings for fattening poultry of any
production unit shall not exceed 1 600 m²;
Amendment 350
Annex II - Part II - point 2.4.4 (d)
(b) (new)
(db) the total number of laying hens shall not
exceed 12 000 hens in a production unit. Not
more than 3 000 laying hens shall be allowed
in one poultry house. For young poultry,
specific rules shall apply;
(e)
buildings for all poultry
(e)
buildings for all
Commission proposal unchanged
shall meet the following
poultry shall meet the
conditions:
following conditions:
(i)
at least one third of
(i) at least one third of
Commission proposal unchanged
the floor area shall be
the floor area shall be
solid, that is, not of slatted
solid, that is, not of
or of grid construction,
slatted or of grid
and covered with a litter
construction, and
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Commission proposals
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material such as straw,
covered with a litter
wood shavings, sand or
material such as straw,
turf;
wood shavings, sand or
turf;
(ii) in poultry houses for
(ii)
in poultry houses Commission proposal unchanged
laying hens, a sufficiently
for laying hens, a
large part of the floor area
sufficiently large part of
available to the hens shall
the floor area available
be available for the
to the hens shall be
collection of bird
available for the
droppings;
collection of bird
droppings;
(iii)
poultry shall have
(iii)
poultry shall
Commission proposal unchanged
perches of a size and
have perches of a size
number commensurate
and number
with the size of the group
commensurate with the
and of the birds as laid
size of the group and of
down in the table on the
the birds as laid down in
minimum surface areas
the table on the
indoors and outdoors and
minimum surface areas
other characteristics of
indoors and outdoors
housing for poultry
and other characteristics
production set out in point
of housing for poultry
2.4.5.;
production set out in
point 2.4.5.;
(iv)
the external
(iv)
the external
Commission proposal unchanged
boundary of the house, i.e.
boundary of the house,
including a possible
i.e. including a possible
veranda, shall have
veranda, shall have
exit/entry pop-holes of a
exit/entry pop-holes of a
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Commission proposals
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size adequate for the birds,
size adequate for the
and those pop-holes shall
birds, and those pop-
have a combined length of
holes shall have a
at least 4 m per 100 m²
combined length of at
area of the house available
least 4 m per 100 m² area
to the birds. Where a
of the house available to
veranda is present, the
the birds. Where a
internal pop-holes
veranda is present, the
between the house and the
internal pop-holes
veranda shall have a
between the house and
combined length of 2 m
the veranda shall have a
per 100 m² area of the
combined length of 2 m
house. Twenty-four hour
per 100 m² area of the
access to the veranda must
house. Twenty-four hour
be allowed;
access to the veranda
must be allowed;
(v)
poultry houses
(v)
poultry houses
Commission proposal unchanged
shall be constructed in a
shall be constructed in a
manner allowing all birds
manner allowing all
easy access to open air
birds easy access to open
area, i.e. the maximum
air area, i.e. the
distance from any point
maximum distance from
within the house to the
any point within the
nearest external pop-hole
house to the nearest
shall not be more than 15
external pop-hole shall
m;
not be more than 15 m;
(vi)
multi-layer
(vi)
multi-layer
Commission proposal unchanged
systems shall have no
systems shall have no
more than three levels of
more than three levels of
usable area including the
usable area including the
ground floor. There shall
ground floor. There shall
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Commission proposals
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be no more than 1 m
be no more than 1 m
between levels or
between levels or
intermediate areas, such as
intermediate areas, such
nesting areas. Higher tiers
as nesting areas. Higher
shall be capable of having
tiers shall be capable of
manure removed by an
having manure removed
automated system;
by an automated system;
(f)
natural light may be
(f)
natural light may be
Commission proposal unchanged
supplemented by artificial
supplemented by artificial
means to provide a maximum
means to provide a
of 16 hours light per day with
maximum of 16 hours light
a continuous nocturnal rest
per day with a continuous
period without artificial light
nocturnal rest period
of at least eight hours;
without artificial light of at
least eight hours;
(g)
buildings shall be
(g) buildings shall be
Commission proposal unchanged
emptied of livestock between
emptied of livestock
each batch of poultry reared.
between each batch of
The buildings and fittings shall
poultry reared. The
be cleaned and disinfected
buildings and fittings shall
during this time. In addition,
be cleaned and disinfected
when the rearing of each batch
during this time. In
of poultry has been completed,
addition, when the rearing
runs shall be left empty during
of each batch of poultry has
a period to be established by
been completed, runs shall
the Member States in order to
be left empty during a
allow vegetation to grow back.
period to be established by
These requirements shall not
the Member States in order
apply where poultry are not
to allow vegetation to grow
reared in batches, are not kept
back. These requirements
in runs and are free to roam,
shall not apply where
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Commission proposals
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throughout the day.
poultry are not reared in
batches, are not kept in
runs and are free to roam,
throughout the day.
Amendment 351
Annex II - Part II - point 2.4.5 - title
2.4.5
Stocking density
2.4.5.
Stocking density
2.4.5.
Manure
Amendment 352
Annex II - Part II - point 2.4.5 (1) -
introductory part
The maximum number of animals
The maximum number of
The maximum quantity of manure spread per
per hectare shall respect the
animals per hectare shall hectare must comply with the limit of 170 kg
following limits:
respect the following
of organic nitrogen per year and per hectare
limits:
of agricultural area. For this reason, the
maximum number of animals per hectare shall
respect the following limits
or be calculated on
the basis of corresponding national provisions
adopted pursuant to the implementation of
Directive 91/676/EEC:
See table
Deleted
Commission proposal unchanged
Amendment 353
Annex II - Part II - point 2.4.5 (2)
The minimum surface area indoors
The minimum surface area
Commission proposal unchanged
and outdoors and other
indoors and outdoors and other
characteristics of housing for birds
characteristics of housing for
of the species
Gallus gallus shall be
birds of the species Gallus gallus
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Commission proposals
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as follows:
shall be as follows:
See table
Deleted
See Annex 2 to the Annex
Amendment 354
Annex II - Part II - point 2.4.5 (3)
The minimum surface areas indoors
The minimum surface areas
Commission proposal unchanged
and outdoors and other
indoors and outdoors and other
characteristics of housing for birds
characteristics of housing for
of species other than
Gallus gallus
birds of species other than Gallus
shall be as follows:
gallus shall be as follows:
See table
Deleted
See Annex 3 to the Annex
2.4.6 Access to open air areas
2.4.6.
Access to open air areas
Commission proposal unchanged
With regard to access to open air
With regard to access to open air
areas the following rules shall apply:
areas the following rules shall
apply:
Amendment 355
Annex II - Part II - point 2.4.6 (a)
(a)
poultry shall have access
(a) poultry shall have
(a)
laying hens and finisher poultry shall have
to an open air area for at least
access to an open air area
access to an open air area for at least one third
one third of their life
. In
for at least one third of
of their life, except in the case of temporary
particular, continuous
their life. In particular,
restrictions imposed on the basis of Union
daytime open air access shall
continuous daytime open
legislation;
be provided from as early an
air access shall be provided
age as practically possible,
from as early an age as
whenever physiological and
practically possible,
physical conditions allow,
whenever physiological and
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Commission proposals
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except in the case of temporary
physical conditions allow,
restrictions imposed on the
except in the case of
basis of Union legislation;
temporary restrictions
imposed on the basis of
Union legislation;
Amendment 356
Annex II - Part II - point 2.4.6 (b)
(b)
open air areas for poultry
(b) open air areas for
(b) open air areas for poultry shall be mainly
shall be mainly covered with
poultry shall be mainly
covered with vegetation. The vegetation on the
vegetation
composed of a
covered with vegetation
open-air area must be harvested and removed at
diverse range of plants and be
composed of a diverse
regular intervals to reduce the potential for
provided with protective
range of plants and be
nutrient surpluses. The open air areas shall not
facilities and permit fowl to
provided with protective
extend beyond a radius of 150 m from the
have easy access to adequate
facilities and permit fowl to
nearest pop-hole of the poultry house. However
numbers of drinking troughs.
have easy access to
an extension of up to 350 m from the nearest
The vegetation on the open-air
adequate numbers of
pop-hole of the poultry house is permissible
area must be harvested and
drinking troughs. The
provided that a sufficient number of shelters
or
removed at regular intervals to
vegetation on the open-air
shrubs/foliage are evenly distributed
reduce the potential for
area must be harvested and throughout the whole open-air area with at least
nutrient surpluses. The open
removed at regular
four shelters
or groves per hectare;
air areas shall not extend
intervals to reduce the
beyond a radius of 150 m from
potential for nutrient
the nearest pop-hole of the
surpluses. The open air
poultry house. However an
areas shall not extend
extension of up to 350 m from
beyond a radius of 150 m
the nearest pop-hole of the
from the nearest pop-hole
poultry house is permissible
of the poultry house.
provided that a sufficient
However an extension of up
number of shelters and
to 350 m from the nearest
drinking troughs are evenly
pop-hole of the poultry
distributed throughout the
house is permissible
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Commission proposals
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whole open-air area with at
provided that a sufficient
least four shelters per hectare;
number of shelters and
drinking troughs are evenly
distributed throughout the
whole open-air area with at
least four shelters per
hectare;
(c)
under conditions where
(c)
under conditions where feed Commission proposal unchanged
feed availability from the
availability from the range area
range area is limited, due for
is limited, due for instance to long
instance to long term snow
term snow cover or arid weather
cover or arid weather
conditions, supplementary
conditions, supplementary
feeding of roughage must be
feeding of roughage must be
included as part of poultry diets;
included as part of poultry
diets;
(d)
where poultry are kept
(d) where poultry are
Commission proposal unchanged
indoors due to restrictions or
kept indoors due to
obligations imposed on the
restrictions or obligations
basis of Union legislation, they
imposed on the basis of
shall permanently have access
Union legislation, they shall
to sufficient quantities of
permanently have access to
roughage and suitable material
sufficient quantities of
in order to meet their
roughage and suitable
ethological needs.
material in order to meet
their ethological needs.
2.4.7 Animal welfare
2.4.7.
Animal welfare
Commission proposal unchanged
Live plucking of poultry shall be
Live plucking of poultry shall be
prohibited.
prohibited.
397
Commission proposals
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2.5 Beekeeping
2.5.
Beekeeping
Commission proposal unchanged
2.5.1 Conversion
2.5.1.
Conversion
Commission proposal unchanged
Beekeeping products may be sold
Beekeeping products may be sold
with references to organic
with references to organic
production only when the organic
production only when the organic
production rules set out in this
production rules set out in this
Regulation have been complied with
Regulation have been complied
for at least one year.
with for at least one year.
During the conversion period the
During the conversion period the
wax shall be replaced with wax
wax shall be replaced with wax
coming from organic beekeeping.
coming from organic beekeeping.
2.5.2 Origin of bees
2.5.2.
Origin of bees
Commission proposal unchanged
Preference shall be given to the use
Preference shall be given to the
of
Apis mellifera and their local
use of Apis mellifera and their
ecotypes.
local ecotypes.
2.5.3 Nutrition
2.5.3.
Nutrition
Commission proposal unchanged
With regard to nutrition the
With regard to nutrition the
following rules shall apply:
following rules shall apply:
(a)
at the end of the
(a) at the end of the
Commission proposal unchanged
production season hives shall
production season hives
be left with sufficient reserves
shall be left with sufficient
of honey and pollen to survive
reserves of honey and
the winter;
pollen to survive the
winter;
398
Commission proposals
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(b)
the feeding of bee
(b) the feeding of bee
Commission proposal unchanged
colonies shall only be
colonies shall only be
permitted where the survival
permitted where the
of the hives is endangered due
survival of the hives is
to climatic conditions. Feeding
endangered due to climatic
shall be with organic honey,
conditions. Feeding shall be
organic sugar syrups, or
with organic honey, organic
organic sugar.
sugar syrups, or organic
sugar.
2.5.4 Specific rules on disease
2.5.4. Specific rules on disease
Commission proposal unchanged
prevention and veterinary treatment
prevention and veterinary
in beekeeping
treatment in beekeeping
With regard to disease prevention
With regard to disease prevention
and veterinary treatment the
and veterinary treatment the
following rules shall apply:
following rules shall apply:
(a)
for the purposes of
(a) for the purposes of
Commission proposal unchanged
protecting frames, hives and
protecting frames, hives
combs, in particular from
and combs, in particular
pests, only rodenticides (to be
from pests, only
used only in traps), and
rodenticides (to be used
appropriate products
only in traps), and
authorised for use in organic
appropriate products
production pursuant to Article
authorised for use in
19 shall be permitted;
organic production
pursuant to Article 19 shall
be permitted;
(b)
physical treatments for
(b) physical treatments
Commission proposal unchanged
disinfection of apiaries such as
for disinfection of apiaries
399
Commission proposals
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steam or direct flame shall be
such as steam or direct
permitted;
flame shall be permitted;
(c)
the practice of destroying
(c)
the practice of
Commission proposal unchanged
the male brood shall be
destroying the male brood
permitted only to isolate the
shall be permitted only to
infestation of
Varroa
isolate the infestation of
destructor;
Varroa destructor;
(d)
if despite all preventive
(d) if despite all
Commission proposal unchanged
measures, the colonies become
preventive measures, the
sick or infested, they shall be
colonies become sick or
treated immediately and, if
infested, they shall be
necessary, the colonies may be
treated immediately and, if
placed in isolation apiaries;
necessary, the colonies may
be placed in isolation
apiaries;
(e)
formic acid, lactic acid,
(e)
formic acid, lactic
Commission proposal unchanged
acetic acid and oxalic acid as
acid, acetic acid and oxalic
well as menthol, thymol,
acid as well as menthol,
eucalyptol or camphor may be
thymol, eucalyptol or
used in cases of infestation
camphor may be used in
with
Varroa destructor;
cases of infestation with
Varroa destructor;
(f)
if a treatment is applied
(f)
if a treatment is
Commission proposal unchanged
with chemically synthesised
applied with chemically
allopathic products, during
synthesised allopathic
such a period, the colonies
products, during such a
treated shall be placed in
period, the colonies treated
isolation apiaries and all the
shall be placed in isolation
wax shall be replaced with
apiaries and all the wax
400
Commission proposals
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wax coming from organic
shall be replaced with wax
beekeeping. Subsequently, the
coming from organic
conversion period of one year
beekeeping. Subsequently,
laid down in point 2.5.1. shall
the conversion period of
apply to those colonies;
one year laid down in point
2.5.1. shall apply to those
colonies;
(g)
point (f) shall not apply
(g) point (f) shall not
Commission proposal unchanged
to products authorised for use
apply to products
in organic production pursuant
authorised for use in
to Article 19.
organic production
pursuant to Article 19.
2.5.5 Specific housing conditions in
2.5.5. Specific housing conditions
Commission proposal unchanged
beekeeping
in beekeeping
With regard to the housing
With regard to the housing
conditions the following rules shall
conditions the following rules
apply:
shall apply:
(a)
apiaries shall be placed
(a) apiaries shall be
Commission proposal unchanged
in areas which ensure nectar
placed in areas which
and pollen sources consisting
ensure nectar and pollen
essentially of organically
sources consisting
produced crops or, as
essentially of organically
appropriate, of spontaneous
produced crops or, as
vegetation or non-organically
appropriate, of spontaneous
managed forests or crops that
vegetation or non-
are only treated with low
organically managed
environmental impact
forests or crops that are
methods;
only treated with low
environmental impact
401
Commission proposals
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methods;
(b)
apiaries shall be kept at
(b) apiaries shall be kept
Commission proposal unchanged
sufficient distance from
at sufficient distance from
sources that may lead to the
sources that may lead to the
contamination of beekeeping
contamination of
products or to the poor health
beekeeping products or to
of the bees;
the poor health of the bees;
(c)
the siting of the apiaries
(c)
the siting of the
Commission proposal unchanged
shall be such that, within a
apiaries shall be such that,
radius of 3 km from the apiary
within a radius of 3 km
site, nectar and pollen sources
from the apiary site, nectar
consist essentially of
and pollen sources consist
organically produced crops or
essentially of organically
spontaneous vegetation or
produced crops or
crops treated with low
spontaneous vegetation or
environmental impact methods
crops treated with low
equivalent to those as provided
environmental impact
for in Articles 28 and 30 of
methods equivalent to those
Regulation (EU) No
as provided for in Articles
1305/2013 which cannot affect
28 and 30 of Regulation
the qualification of beekeeping
(EU) No 1305/2013 which
production as being organic.
cannot affect the
These requirements do not
qualification of beekeeping
apply where flowering is not
production as being
taking place, or the hives are
organic. These
dormant;
requirements do not apply
where flowering is not
taking place, or the hives
are dormant;
(d)
the hives and materials
(d) the hives and
Commission proposal unchanged
402
Commission proposals
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used in beekeeping shall be
materials used in
made basically of natural
beekeeping shall be made
materials presenting no risk of
basically of natural
contamination to the
materials presenting no risk
environment or the apiculture
of contamination to the
products;
environment or the
apiculture products;
2.5.6 Specific rules on practices in
2.5.6. Specific rules on practices
Commission proposal unchanged
beekeeping
in beekeeping
With regard to beekeeping practices
With regard to beekeeping
the following rules shall apply:
practices the following rules shall
apply:
(a)
the beeswax for new
(a) the beeswax for new
Commission proposal unchanged
foundations shall come from
foundations shall come
organic production units;
from organic production
units;
(b)
only natural products
(b) only natural products
Commission proposal unchanged
such as propolis, wax and
such as propolis, wax and
plant oils may be used in the
plant oils may be used in
hives;
the hives;
(c)
the use of chemical
(c)
the use of chemical
Commission proposal unchanged
synthetic repellents shall be
synthetic repellents shall be
prohibited during honey
prohibited during honey
extraction operations;
extraction operations;
(d)
the use of brood combs
(d) the use of brood
Commission proposal unchanged
shall be prohibited for honey
combs shall be prohibited
extraction;
for honey extraction;
403
Commission proposals
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(e)
beekeeping shall not be
(e)
beekeeping shall not
Commission proposal unchanged
considered as organic when
be considered as organic
practiced in regions or areas
when practiced in regions
designated by Member States
or areas designated by
as regions or areas where
Member States as regions
organic beekeeping is not
or areas where organic
practicable.
beekeeping is not
practicable.
2.5.7 Animal welfare
2.5.7.
Animal welfare
Commission proposal unchanged
With regard to animal welfare the
With regard to animal welfare
following rules shall apply:
the following rules shall apply:
(a)
the destruction of bees in
(a) the destruction of bees Commission proposal unchanged
the combs as a method
in the combs as a method
associated with the harvesting
associated with the
of beekeeping products shall
harvesting of beekeeping
be prohibited;
products shall be
prohibited;
(b)
mutilation such as
(b) mutilation such as
Commission proposal unchanged
clipping the wings of queen
clipping the wings of queen
bees shall be prohibited.
bees shall be prohibited.
Amendment 357
Annex II - Part II - point 2.5 (a)
(new)
2.5a. Rearing of fallow deer, mouflon and red
deer
2.5a.1. Conversion
404
Commission proposals
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Fallow deer, mouflon, red deer and their
products may be deemed organic after
compliance with a conversion period of at
least six months for fallow deer and mouflon
and 12 months for red deer.
2.5a.2. Specific housing conditions and
stocking density
The following rules shall apply with regard to
housing conditions and stocking density:
(a) fallow deer, mouflon and red deer shall be
reared in pens as referred to in point (f). The
minimum size of a pen for fallow deer and
mouflon shall be one hectare and for red deer
two hectares. If several species are reared
together in a pen, the minimum size of the pen
shall be three hectares;
(b) the possibility of a division into at least two
paddocks must be ensured for each pen. The
minimum size of a pen shall be half a hectare
for fallow deer and mouflon and at least one
hectare for red deer or several farmed species
reared in a common pen;
(c) animals must live in social groups. The
adult animals in a pen must include, as a
minimum, three females and one male for
each species of animal. The upper limit for
the number of animals per hectare in a pen
shall be:
(i) fallow deer and mouflon: 10 adult animals
405
Commission proposals
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per hectare;
(ii) red deer: 5 adult animals per hectare;
(d) animals that are bred in a herd shall be
included in the quota referred to in point (c)
in the first year of life;
(e) rearing individual animals separately shall
not be permitted, save for a limited period of
time and for a valid reason, such as disease
prevention or veterinary treatment;
(f) the following provisions shall apply to
pens:
(i) a pen shall mean an enclosure that must
include a part where animals are provided
with protection from the weather. Organic
livestock rearing in a pen on very wet or
marshy soil shall not be allowed;
(ii) natural grazing must be ensured in a pen
during the period of vegetation. Pens that
cannot provide feed by grazing during the
period of vegetation shall not be allowed;
(iii) animals must be provided with hiding
places and shelters;
(iv) animals must be provided with a natural
method of hoof treatment. If this is not
adequate due to the composition of the soil,
adequacy must be ensured through other
appropriate measures (e.g. by consolidating
the soil around feeding sites);
406
Commission proposals
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COMAGRI Vote
(v) in red deer pens, animals must be able to
roll in the mud to ensure skin grooming and
body temperature regulation;
(vi) feeding places must be installed in areas
protected from the weather and accessible
both to animals and to persons attending to
them. The soil where feeding places are
located must be consolidated, and the feeding
apparatus must be equipped with a roof;
(vii) if permanent access to feed cannot be
ensured, the feeding places must be designed
so that all animals can feed at the same time;
(viii) the outer and inner fences must be
clearly visible to animals so that they cannot
be harmed. The fence must not have sharp
edges
(ix) the pen fence should be at least 1,8 metres
tall for fallow deer and mouflon and at least
two metres tall for red deer. These heights
shall not apply to a fence inside the pen for
setting up paddocks;
(x) during the vegetation period the animals
must feed by grazing in the pens;
(xi) feeding shall only be allowed in the event
of a shortage of grazing due to poor weather
conditions;
(xii) farmed animals in a pen must be
provided with safe water. If a natural source
of water that is easily accessible to animals is
407
Commission proposals
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not available, watering places must be
provided.
Part III: Production rules for
Part III: Production rules for
Commission proposal unchanged
seaweed and aquaculture animals
algae seaweed and aquaculture
animals
1
Definitions
1.
Definitions
Commission proposal unchanged
For the purposes of this Part, the
For the purposes of this Part, the
Commission proposal unchanged
following definitions shall apply:
following definitions shall apply:
(1)
‘closed recirculation
(1) ‘closed recirculation
Commission proposal unchanged
aquaculture facility’ means a
aquaculture facility’ means
facility where aquaculture
a facility where aquaculture
takes place within an enclosed
takes place within an
environment on land or on a
enclosed environment on
vessel involving the
land or on a vessel
recirculation of water, and
involving the recirculation
depending on permanent
of water, and depending on
external energy input to
permanent external energy
stabilise the environment for
input to stabilise the
the aquaculture animals;
environment for the
aquaculture animals;
(2)
‘energy from renewable
(2) ‘energy from
Commission proposal unchanged
sources’ means renewable
renewable sources’ means
non-fossil energy sources such
renewable non-fossil energy
as wind, solar, geothermal
sources such as wind, solar,
wave, tidal, hydropower,
geothermal wave, tidal,
landfill gas, sewage treatment
hydropower, landfill gas,
plant gas and biogases;
sewage treatment plant gas
and biogases;
408
Commission proposals
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(3)
‘hatchery’ means a place
(3) ‘hatchery’ means a
Commission proposal unchanged
of breeding, hatching and
place of breeding, hatching
rearing through the early life
and rearing through the
stages of aquaculture animals,
early life stages of
finfish and shellfish in
aquaculture animals, finfish
particular;
and shellfish in particular;
(4)
‘nursery’ means a place
(4) ‘nursery’ means a
Commission proposal unchanged
where an intermediate
place where an
production system is applied
intermediate production
between the hatchery and
system is applied between
grow-out stages. The nursery
the hatchery and grow-out
stage is completed within the
stages. The nursery stage is
first third of the production
completed within the first
cycle with the exception of
third of the production
species undergoing a
cycle with the exception of
smoltification process;
species undergoing a
smoltification process;
(5)
‘pollution’ means the
(5) ‘pollution’ means the
Commission proposal unchanged
direct or indirect introduction
direct or indirect
into the aquatic environment
introduction into the
of substances or energy as
aquatic environment of
defined in Directive
substances or energy as
2000/60/EC of the European
defined in Directive
Parliament and of the
2000/60/EC of the
Council
69 and in Directive
European Parliament and
2008/56/EC of the European
of the Council71
and in
69
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in
the field of water policy (OJ L 327, 22.12.2000, p. 1).
409
Commission proposals
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Parliament and of the
Directive 2008/56/EC of the
Council
70, in the waters to
European Parliament and
which those Directives apply,
of the Council72
, in the
respectively;
waters to which those
Directives apply,
respectively;
(6)
‘polyculture’ means the
(6) ‘polyculture’ means
Commission proposal unchanged
rearing of two or more species
the rearing of two or more
usually from different trophic
species usually from
levels in the same culture unit;
different trophic levels in
the same culture unit;
(7)
‘production cycle’ means
(7) ‘production cycle’
Commission proposal unchanged
the lifespan of an aquaculture
means the lifespan of an
animal or seaweed from the
aquaculture animal or
earliest life stage (fertilised
seaweed from the earliest
eggs in the case of aquaculture
life stage (fertilised eggs in
animals) to harvesting;
the case of aquaculture
animals) to harvesting;
(8)
‘locally grown species’
(8) ‘locally grown species’ Commission proposal unchanged
means species which are
means species which are
neither alien nor locally absent
neither alien nor locally
species under Council
absent species under
71
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community
action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
70
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the
field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
72
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action
in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
410
Commission proposals
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Regulation (EC) No
Council Regulation (EC)
708/2007
73, as well as the
No 708/200774
, as well as
species listed in Annex IV to
the species listed in Annex
that Regulation;
IV to that Regulation;
(9)
‘stocking density’ means
(9) ‘stocking density’
Commission proposal unchanged
the live weight of aquaculture
means the live weight of
animals per cubic metre of
aquaculture animals per
water at any time during the
cubic metre of water at any
grow-out phase and in the case
time during the grow-out
of flatfish and shrimp the
phase and in the case of
weight per square metre of
flatfish and shrimp the
surface.
weight per square metre of
surface.
Amendment 358
Annex II - Part III (1) - point 9 (a)
(new)
(9a) ‘sustainable fishing’ means the
extraction of living aquatic resources that can
be maintained indefinitely without reducing
the capacity of the target species, in such a
way as to maintain healthy population levels
and without high negative impacts on other
species in the ecosystem or in their habitats
within the meaning of the Water Framework
Directive1 a or Marine Strategy Framework
73
Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (OJ L 168, 28.6.2007,
p. 1).
74
Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (OJ L 168,
28.6.2007, p. 1).
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Commission proposals
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Directive1b, as applicable.
2
General requirements
Commission proposal unchanged
Commission proposal unchanged
2.1 Operations shall be situated in
Commission proposal unchanged
Commission proposal unchanged
locations that are not subject to
contamination by products or
substances not authorised for use in
organic production, or pollutants that
would compromise the organic
nature of the products.
2.2 Organic and non-organic
2.2. Organic and non-organic
Commission proposal unchanged
production units shall be separated
production units shall be separated
adequately and in accordance with
adequately and in accordance with
the minimum separation distances
the minimum separation distances
set by Member States, where such
set by Member States, where such
minimum separation distances have
minimum separation distances have
been set. Such separation measures
been set. Such separation measures
shall be based on the natural
shall be based on the natural
situation, separate water distribution
situation, separate water
systems, distances, the tidal flow, the distribution systems, distances, the
upstream and the downstream
tidal flow, the upstream and the
location of the organic production
downstream location of the organic
unit. Seaweed production shall not
production unit.
Seaweed Algae
be considered as organic when
and aquaculture production shall
practiced at locations or in areas
not be considered as organic when
designated by Member State
practiced at locations or in areas
authorities as locations or areas
designated by Member State
which are unsuitable for organic
authorities as locations or areas
aquaculture or seaweed harvesting.
which are unsuitable for
organic
aquaculture or seaweed
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Commission proposals
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harvesting such activities.
2.3 An environmental assessment
2.3. An environmental assessment Commission proposal unchanged
proportionate to the production unit
proportionate to the production unit
shall be required for all new
shall be required for all new
operations applying for organic
operations applying for organic
production and producing more than
production and producing more
20 tonnes of aquaculture products
than 20 tonnes of aquaculture
per year to ascertain the conditions
products per year to ascertain the
of the production unit and its
conditions of the production unit
immediate environment and likely
and its immediate environment and
effects of its operation. The operator
likely effects of its operation. The
shall provide the environmental
operator shall provide the
assessment to the control authority
environmental assessment to the
or control body. The content of the
control authority or control body.
environmental assessment shall be
The content of the environmental
based on Annex IV to Directive
assessment shall be based on
2011/92/EU of the European
Annex IV to Directive 2011/92/EU
Parliament and of the Council
75. If
of the European Parliament and of
the unit has already been subject to
the Council
76. If the
production
an equivalent assessment, then its
unit has already been subject to an
use shall be permitted for this
equivalent assessment, then its use
purpose.
shall be permitted for this purpose.
2.4 The operator shall provide a
2.4. The operator shall provide a
Commission proposal unchanged
sustainable management plan
sustainable management plan
proportionate to the production unit
proportionate to the production unit
for aquaculture and seaweed
for aquaculture and
algae seaweed
75
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public
and private projects on the environment (OJ L 26, 28.1.2012, p. 1)
.
76
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public
and private projects on the environment (OJ L 26, 28.1.2012, p. 1)
.
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Commission proposals
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harvesting.
harvesting.
2.5
The plan shall be updated
Commission proposal unchanged
Commission proposal unchanged
annually and shall detail the
environmental effects of the
operation, the environmental
monitoring to be undertaken, and list
measures to be taken to minimise
negative impacts on the surrounding
aquatic and terrestrial environments,
including, where applicable, nutrient
discharge into the environment per
production cycle or per annum. The
plan shall record the surveillance
and repair of technical equipment.
2.5a. Defensive and preventive
measures taken against predators
according to Council Directive
92/43/EEC and national rules
shall be recorded in the
sustainable management plan.
2.5b. Where applicable,
coordination shall take place with
the neighbouring operators in
drawing up the management
plan.
2.6
Aquaculture and seaweed
2.6. Aquaculture and
algae
Commission proposal unchanged
business operators shall draw up as
seaweed business operators shall
part of the sustainable management
draw up as part of the sustainable
plan a waste reduction schedule to
management plan a waste reduction
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Commission proposals
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be put in place at the commencement schedule to be put in place at the
of operations. Where possible, the
commencement of operations.
use of residual heat shall be limited
Where possible, the use of residual
to energy from renewable sources.
heat shall be limited to energy from
For seaweed harvesting a once-off
renewable sources
. For seaweed
biomass estimate shall be undertaken
harvesting a once-off biomass
at the outset.
estimate shall be undertaken at
the outset.
Amendment 359
Annex II - Part III - point 2.6 (a)
(new)
2.6a. Organic production holdings of seaweed
and aquaculture animals shall not cause risks
to species of conservation interest.
3
Requirements for seaweed
3.
Requirements for algae
Commission proposal unchanged
seaweed
In addition to the general production In addition to the general
Commission proposal unchanged
rules laid down in Articles 7, 8, 9
production rules laid down in
and 12, and where relevant in
Articles 7, 8, 9 and 12, and where
Section 2, the rules laid down in this
relevant in Section 2, the rules laid
Section 3 shall apply to the
down in this Section 3 shall apply
collection and production of
to the collection and production of
seaweed. Those rules shall apply
algae seaweed. Those rules shall
mutatis mutandis to the production
apply
mutatis mutandis to the
of all multi-cellular marine algae or
production of
all multi-cellular
phytoplankton and micro-algae for
marine algae or phytoplankton
further use as feed for aquaculture
and micro-algae for further use
animals.
as feed for aquaculture animals.
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Commission proposals
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3.1 Conversion
Commission proposal unchanged
Commission proposal unchanged
3.1.1 The conversion period for a
3.1.1. The conversion period for a
n
Commission proposal unchanged
seaweed harvesting site shall be six
algae seaweed harvesting site shall
months.
be six months.
3.1.2 The conversion period for a
3.1.2. The conversion period for a
n
Commission proposal unchanged
seaweed cultivation unit shall be a
algae seaweed cultivation
period of six months or one full
production unit shall be a period of
production cycle, whichever is the
six months or one full production
longer.
cycle, whichever is the longer.
3.1.3 During the conversion period,
3.1.3. During the conversion
Commission proposal unchanged
the aquaculture holding may be split
period, the aquaculture holding
into clearly separated units which
may be split into clearly
are not all managed under organic
separated units which are not all
production. As regards seaweed
managed under organic
production, the same species may be
production. As regards seaweed
involved, provided that there is
production, the same species may
adequate separation between the
be involved, provided that there
units.
is adequate separation between
the units.
3.2 Production rules for seaweed
3.2. Production rules for
algae
Commission proposal unchanged
seaweed
3.2.1 The collection of wild
3.2.1. The collection of wild
algae
Commission proposal unchanged
seaweeds and parts thereof, growing
seaweeds and parts thereof,
naturally in the sea, is considered as
growing naturally in the sea, is
organic production provided that:
considered as organic production
provided that:
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Commission proposals
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Amendment 360
Annex II - Part III - point 3.2.1 (a)
(a)
the growing areas are of
(a)
the growing areas are of (a) the growing areas are of high ecological
high ecological status as
high ecological status as
status as defined by Directive 2000/60/EC75,
or
defined by Directive
defined by Directive
have a quality equivalent to the production
2000/60/EC 77, and are not
2000/60/EC
78, and are not
zones classed as A and B in Regulation (EC)
unsuitable from a health point
unsuitable from a health
No 854/200476 and are not unsuitable from a
of view.
point of view.
health point of view;
(b)
the collection does not
Commission proposal unchanged
Commission proposal unchanged
affect significantly the stability
of the natural ecosystem or the
maintenance of the species in
the collection area.
3.2.2 The cultivation of seaweeds
3.2.2. The cultivation of
algae
Commission proposal unchanged
shall take place in coastal areas with
seaweeds shall take place in
environmental and health
coastal areas with environmental
characteristics at least equivalent to
and health characteristics at least
those outlined in point 3.2.1(a) in
equivalent to those outlined in point
order to be considered organic. In
3.2.1(a) in order to be considered
addition the following production
organic. In addition the following
rules shall apply:
production rules shall apply:
(a)
sustainable practices
(a)
sustainable practices
Commission proposal unchanged
shall be used in all stages of
shall be used in all stages of
77
Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters (OJ L
376, 27.12.2006, p. 14).
78
Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters
(OJ L 376, 27.12.2006, p. 14).
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Commission proposals
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production, from collection of
production, from collection
juvenile seaweed to
of juvenile
algae seaweed to
harvesting;
harvesting;
Amendment 361
Annex II - Part III - point 3.2.2 (b)
(b)
to ensure that a wide
(b) to ensure that a wide
(b) to ensure that a wide gene-pool is
gene-pool is maintained, the
gene-pool is maintained, the
maintained, the collection of seaweed in the
collection of
juvenile seaweed
collection of juvenile
algae
wild shall take place on a regular basis
so as to
in the wild shall take place on
seaweed in the wild shall
maintain and increase the diversity of indoor
a regular basis to
supplement
take place on a regular basis
culture stock;
indoor culture stock;
to supplement indoor culture
stock;
(c)
fertilisers shall not be
(c)
fertilisers shall not be
Commission proposal unchanged
used except in indoor facilities
used except in indoor
and only if they have been
facilities and only if they
authorised for use in organic
have been authorised for use
production for this purpose.
in organic production for this
purpose
pursuant to Article
19.
3.3 Seaweed cultivation
3.3. Seaweed cultivation
Commission proposal unchanged
3.3.1 Seaweed culture at sea shall
3.3.1. Seaweed culture at sea shall Commission proposal unchanged
only utilise nutrients naturally
only utilise nutrients naturally
occurring in the environment, or
occurring in the environment, or
from organic aquaculture animal
from organic aquaculture animal
production, preferably located
production, preferably located
nearby as part of a polyculture
nearby as part of a polyculture
system.
system.
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Commission proposals
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3.3.2 In facilities on land where
3.3.2. In facilities on land where
Commission proposal unchanged
external nutrient sources are used,
external nutrient sources are
the nutrient levels in the effluent
used, the nutrient levels in the
water shall be verifiably the same, or
effluent water shall be verifiably
lower, than the inflowing water.
the same, or lower, than the
Only nutrients of plant or mineral
inflowing water. Only nutrients
origin authorised for use in organic
of plant or mineral origin
production pursuant to Article 19
authorised for use in organic
may be used.
production pursuant to Article 19
may be used.
3.3.3 Culture density or operational
3.3.3. Culture density or
Commission proposal unchanged
intensity shall be recorded and shall
operational intensity shall be
maintain the integrity of the aquatic
recorded and shall maintain the
environment by ensuring that the
integrity of the aquatic
maximum quantity of seaweed
environment by ensuring that the
which can be supported without
maximum quantity of seaweed
negative effects on the environment
which can be supported without
is not exceeded.
negative effects on the
environment is not exceeded.
3.3.4 Ropes and other equipment
3.3.4. Ropes and other equipment
Commission proposal unchanged
used for growing seaweed shall be
used for growing seaweed shall be
re-used or recycled where possible.
re-used or recycled where
possible.
3.4 Sustainable harvesting of wild
3.4. Sustainable harvesting of
Commission proposal unchanged
seaweed
wild seaweed
3.4.1 A once-off biomass estimate
3.4.1. A once-off biomass estimate Commission proposal unchanged
shall be undertaken at the outset of
shall be undertaken at the outset
seaweed harvesting
of seaweed harvesting
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Commission proposals
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3.4.2 Documentary accounts shall be
3.4.2. Documentary accounts shall Commission proposal unchanged
maintained in the unit or premises
be maintained in the unit or
and shall enable the operator to
premises and shall enable the
identify and the control authority or
operator to identify and the
control body to verify that the
control authority or control body
harvesters have supplied only wild
to verify that the harvesters have
seaweed produced in accordance
supplied only wild seaweed
with this Regulation.
produced in accordance with this
Regulation.
3.4.3 Harvesting shall be carried
3.4.3. Harvesting shall be carried
Commission proposal unchanged
out in such a way that the amounts
out in such a way that the
harvested do not cause a significant
amounts harvested do not cause a
impact on the state of the aquatic
significant impact on the state of
environment. Measures shall be
the aquatic environment.
taken to ensure that seaweed can
Measures shall be taken to ensure
regenerate and by-catches are
that seaweed can regenerate and
prevented, such as harvest technique,
by-catches are prevented, such as
minimum sizes, ages, reproductive
harvest technique, minimum
cycles or size of remaining seaweed.
sizes, ages, reproductive cycles or
size of remaining seaweed.
Amendment 362
Annex II - Part III - point 3.4.4
3.4.4 If seaweed is harvested from a
3.4.4. If seaweed is harvested
3.4.4. If seaweed is harvested from a shared or
shared or common harvest area,
from a shared or common
common harvest area, documentary evidence
documentary evidence shall be
harvest area, documentary
produced by the competent authority
available that the total harvest
evidence shall be available that
designated by the Member State concerned
complies with this Regulation.
the total harvest complies with
shall be available
, showing that the total
this Regulation.
harvest complies with this Regulation.
4
Requirements for
Commission proposal unchanged
Commission proposal unchanged
420
Commission proposals
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aquaculture animals
In addition to the general production In addition to the general
Commission proposal unchanged
rules laid down in Article 7, 8, 9 and production rules laid down in
12, the rules laid down in this
Article 7, 8, 9
and 12,
and where
Section 4 shall apply to species of
relevant in Section 2, the rules laid
fish, crustaceans, echinoderms and
down in this Section 4 shall apply
molluscs, as referred to in point
to species of fish,
crustaceans,
4.1.5.10. Those rules also shall apply echinoderms and molluscs
, as
mutatis mutandis to zooplankton,
referred to in point 4.1.5.10.
micro-crustaceans, rotifers, worms
Those rules also shall apply
mutatis
and other aquatic feed animals.
mutandis to zooplankton, micro-
crustaceans, rotifers, worms and
other aquatic feed animals.
4.1 General requirements
Commission proposal unchanged
Commission proposal unchanged
4.1.1 Conversion
Commission proposal unchanged
Commission proposal unchanged
4.1.1.1
The following
4.1.1.1.
The following
Commission proposal unchanged
conversion periods for aquaculture
conversion periods for
production units shall apply for the
aquaculture production units
following types of aquaculture
shall apply for the following
facilities including the existing
types of aquaculture facilities
aquaculture animals:
including the existing
aquaculture animals:
(a)
for facilities that cannot
Commission proposal unchanged
Commission proposal unchanged
be drained, cleaned and
disinfected, a conversion
period of 24 months;
421
Commission proposals
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(b)
for facilities that have
Commission proposal unchanged
Commission proposal unchanged
been drained, or fallowed, a
conversion period of 12
months;
(c)
for facilities that have
Commission proposal unchanged
Commission proposal unchanged
been drained, cleaned and
disinfected a conversion period
of six months;
(d)
for open water facilities
Commission proposal unchanged
Commission proposal unchanged
including those producing
bivalve molluscs, a conversion
period of three months.
4.1.1.2
During the conversion
4.1.1.2.
During the
Commission proposal unchanged
period, the aquaculture holding may
conversion period, the
be split into clearly separated units
aquaculture holding may be
which are not all managed under
split into clearly separated
organic production. As regards the
units which are not all
production of aquaculture animals,
managed under organic
the same species may be involved
production. As regards the
provided that there is adequate
production of aquaculture
separation between the units.
animals, the same species
may be involved provided
that there is adequate
separation between the
units.
4.1.2 Origin of aquaculture
Commission proposal unchanged
Commission proposal unchanged
animals
422
Commission proposals
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4.1.2.1
With regard to the origin Commission proposal unchanged
Commission proposal unchanged
of the aquaculture animals the
following rules shall apply:
(a)
organic aquaculture shall Commission proposal unchanged
Commission proposal unchanged
be based on the rearing of
young stock originating from
organic broodstock and
organic holdings;
Amendment 363
Annex II - Part III - point 4.1.2.1 (a) (a) (new)
(aa) where it is impracticable to obtain
animals under the conditions specified in
point (a), they may be caught in the wild.
Such animals shall be kept under organic
management for at least three months before
they may be used.
(b)
locally grown species
Commission proposal unchanged
Commission proposal unchanged
shall be used and breeding
shall aim to give strains which
are more adapted to production
conditions, ensuring good
animal health and welfare and
good utilisation of feed
resources. Documentary
evidence of their origin and
treatment shall be provided for
the control authority or control
body;
(c)
species shall be chosen
Commission proposal unchanged
Commission proposal unchanged
423
Commission proposals
Council General Approach
COMAGRI Vote
which are robust and can be
produced without causing
significant damage to wild
stocks;
Amendment 364
Annex II - Part III - point 4.1.2.1 (d)
(d)
wild caught or non-
(d) wild caught or non-
(d) wild caught or non-organic aquaculture
organic aquaculture animals
organic aquaculture animals
animals may be brought into a holding
only in
may be brought into a holding
may be brought into a
duly justified cases where no organic breed is
with a view to improving
holding with a view to
available or where new genetic stock for
genetic stock. Such animals
improving genetic stock.
breeding purposes is brought into the
shall be kept under organic
Such animals shall be kept
production unit after the authorisation has
management for at least three
under organic management
been granted by the competent authority, with
months before they may be
for at least three months
a view to improving
the suitability of genetic
used for breeding.
before they may be used for
stock. Such animals shall be kept under organic
breeding
;.
management for at least three months before
they may be used for breeding.
Each Member State shall ensure that a
computerised database is established for
listing the aquaculture species for which
organic juveniles are available on its territory
and the production capacity among certified
aquaculture farms.
In no circumstances may authorisation be
granted to catch wild fish which is on the red
list of endangered species.
The Commission shall adopt implementing
acts laying down the technical details for
establishing the database referred to in the
second paragraph. Those implementing acts
424
Commission proposals
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shall be adopted in accordance with the
examination procedure referred to in Article
37(2).
(da) for on growing
purposes the collection of
wild aquaculture juveniles
is specifically restricted to
the following cases:
(i) natural influx of fish
or crustacean larvae and
juveniles when filling
ponds, containment
systems and enclosures;
(ii)
European glass
eel, provided that an
approved eel
management plan is in
place for the location
and artificial
reproduction of eel
remains unsolved;
(iii)
restocking of
wild fry of species other
than European eel in
extensive aquaculture
farming inside wetlands,
such as brackish water
ponds, tidal areas and
costal lagoons, provided
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Commission proposals
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that:
the restocking is
in line with
management
measures approved by
the relevant
authorities to ensure
the sustainable
exploitation of the
species concerned,
and
the fish are fed
exclusively with feed
naturally available in
the environment.
(
db)
for on-growing
purposes and when organic
aquaculture juvenile
animals are not available,
Member States may
authorize the use of non-
organic juveniles, provided
that at least the latter two
thirds of the duration of the
production cycle is
managed under organic
management.
4.1.2.2
The following rules shall Commission proposal unchanged
Commission proposal unchanged
426
Commission proposals
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COMAGRI Vote
apply with regard to breeding:
(a)
the use of hormones and
Commission proposal unchanged
Commission proposal unchanged
hormone derivates shall be
prohibited;
(b)
artificial production of
Commission proposal unchanged
Commission proposal unchanged
monosex strains, except by
hand sorting, induction of
polyploidy, artificial
hybridisation and cloning shall
not be used;
(c)
the appropriate strains
Commission proposal unchanged
Commission proposal unchanged
shall be chosen;
(d)
where appropriate,
Commission proposal unchanged
Commission proposal unchanged
species-specific conditions for
broodstock management,
breeding and juvenile
production shall be
established.
4.1.3 Nutrition
Commission proposal unchanged
Commission proposal unchanged
4.1.3.1
With regard to feed for
Commission proposal unchanged
Commission proposal unchanged
fish and crustaceans and
echinoderms: the following rules
shall apply:
(a)
animals shall be fed with Commission proposal unchanged
Commission proposal unchanged
feed that meets the animal's
427
Commission proposals
Council General Approach
COMAGRI Vote
nutritional requirements at the
various stages of its
development;
(b)
feeding regimes shall be
Commission proposal unchanged
Commission proposal unchanged
designed with the following
priorities:
(i)
animal health and
Commission proposal unchanged
Commission proposal unchanged
welfare;
(ii)
high product
Commission proposal unchanged
Commission proposal unchanged
quality, including the
nutritional composition
which shall ensure high
quality of the final edible
product;
(iii)
low environmental
Commission proposal unchanged
Commission proposal unchanged
impact;
(c)
the plant fraction of feed
Commission proposal unchanged
Commission proposal unchanged
shall originate from organic
production and the feed
fraction derived from aquatic
animals shall originate from
organic aquaculture or
sustainable exploitation of
fisheries;
Amendment 365
Annex II - Part III - point 4.1.3.1 (d)
428
Commission proposals
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(d)
in the case of non-
Commission proposal unchanged
(d) in the case of non-organic feed materials
organic feed materials from
from animal and mineral origin, feed additives,
plant origin, feed materials
certain products used in animal nutrition and
from animal and mineral
processing aids shall be used only if they have
origin, feed additives, certain
been authorised for use in organic production
products used in animal
under this Regulation;
nutrition and processing aids
shall be used only if they have
been authorised for use in
organic production under this
Regulation;
(e)
growth promoters and
Commission proposal unchanged
Commission proposal unchanged
synthetic amino-acids shall not
be used;
(f)
only feed materials of
Commission proposal unchanged
Commission proposal unchanged
mineral origin authorised for
use in organic production
pursuant to Article 19 may be
used in organic aquaculture;
(g)
only feed additives,
Commission proposal unchanged
Commission proposal unchanged
certain products used in animal
nutrition and processing aids
as referred to in point 1.4.4. of
Part II may be used in organic
aquaculture.
4.1.3.2
The following rules shall
4.1.3.2.
The following
Commission proposal unchanged
apply with regard to bivalve
rules shall apply with
molluscs and other species which are
regard to bivalve molluscs
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Commission proposals
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not fed by man but feed on natural
and other species which are
plankton:
not fed by man but feed on
natural plankton:
(a)
such filter-feeding
(a)
such filter-
Commission proposal unchanged
animals shall receive all their
feeding animals shall
nutritional requirements from
receive all their
nature except in the case of
nutritional requirements
juveniles reared in hatcheries
from nature except in
and nurseries;
the case of juveniles
reared in hatcheries and
nurseries;
Amendment 366
Annex II - Part III - point 4.1.3.2 (b)
(b)
the growing areas shall
(b)
the growing
(b) the growing areas shall be of high
be of high ecological status as
areas shall be of high
ecological status as defined by Directive
defined by Directive
ecological status as
2000/60/EC
, or of good environmental status,
2000/60/EC.
defined by Directive
as defined by Directive 2008/56/EC.
Natural
2000/60/EC.
landscape elements such as 'natural heritage
sites' shall be preserved.
4.1.3.3
Specific rules on feed for
4.1.3.3.
Specific rules on
Commission proposal unchanged
carnivorous aquaculture animals
feed for carnivorous
aquaculture animals
Feed for carnivorous aquaculture
animals shall be sourced with the
Feed for carnivorous
following priorities:
aquaculture animals shall
be sourced with the
following priorities:
(a)
organic feed of
(a)
organic feed of
Commission proposal unchanged
aquaculture origin;
aquaculture origin;
430
Commission proposals
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(b)
fish meal and fish oil
(b)
fish meal and
Commission proposal unchanged
from organic aquaculture
fish oil from organic
trimmings sourced from fish,
aquaculture trimmings
crustaceans or molluscs;
sourced from fish,
crustaceans or molluscs;
(c)
fish meal and fish oil and
(c)
fish meal and
Commission proposal unchanged
ingredients of fish origin
fish oil and ingredients
derived from trimmings of
of fish origin derived
fish, crustaceans or molluscs
from trimmings of fish,
already caught for human
crustaceans or molluscs
consumption in sustainable
already caught for
fisheries;
human consumption in
sustainable fisheries;
(d)
fish meal and fish oil and
(d)
fish meal and
Commission proposal unchanged
ingredients of fish origin
fish oil and ingredients
derived from whole fish,
of fish origin derived
crustaceans or molluscs caught
from whole fish,
in sustainable fisheries and not
crustaceans or molluscs
used for human consumption;
caught in sustainable
fisheries and not used for
human consumption;
Amendment 367
Annex II - Part III - point 4.1.3.3 (e)
(e)
organic feed materials of
(e)
organic feed
(e) organic feed materials of plant or animal
plant or animal origin;
plant
materials of plant or
origin;
the feed ration may comprise a
material shall not exceed 60%
animal origin; plant
maximum of 60 % organic plant products;
of total ingredients.
material shall not exceed
60% of total ingredients.
431
Commission proposals
Council General Approach
COMAGRI Vote
Amendment 368
Annex II - Part III - point 4.1.3.3 (e)
(a) (new)
(ea) astaxanthin derived primarily from
organic sources, such as organic crustacean
shells, may be used in the feed ration for
salmon and trout within the limit of their
physiological needs. If organic sources are
not available, natural sources of astaxanthin
(such as Phaffia yeast) may be used.
4.1.3.4
Specific rules on feed for
4.1.3.4.
Specific rules on
Commission proposal unchanged
certain aquaculture animals
feed for certain aquaculture
animals
Fish in inland waters, penaeid
shrimps and freshwater prawns and
Fish in inland waters,
tropical freshwater fish shall be fed
penaeid shrimps and
as follows:
freshwater prawns and
tropical freshwater fish
shall be fed as follows:
(a)
they shall be fed with
(a)
they shall be fed
Commission proposal unchanged
feed naturally available in
with feed naturally
ponds and lakes;
available in ponds and
lakes;
(b)
where natural feed is not
(b)
where natural
Commission proposal unchanged
available in sufficient
feed is not available in
quantities as referred to in
sufficient quantities as
point (a), organic feed of plant
referred to in point (a),
origin, preferably grown on the
organic feed of plant
farm itself or seaweed may be
origin, preferably grown
used. Operators shall keep
on the farm itself or
432
Commission proposals
Council General Approach
COMAGRI Vote
documentary evidence of the
seaweed may be used.
need to use additional feed;
Operators shall keep
documentary evidence of
the need to use
additional feed;
(c)
where natural feed is
(c)
where natural
Commission proposal unchanged
supplemented in accordance
feed is supplemented in
with point (b) the feed ration
accordance with point
of species as referred to in
(b) the feed ration of
point 4.1.5.10. (g) and of
species as referred to in
siamese catfish (
Pangasius
point 4.1.5.10. (g) and of
spp.) may comprise a
siamese catfish
maximum of 10 % fishmeal or
(Pangasius spp.) may
fish oil derived from
comprise a maximum of
sustainable fisheries.
10 % fishmeal or fish oil
derived from sustainable
fisheries.
4.1.4 Health care
Commission proposal unchanged
Commission proposal unchanged
4.1.4.1
Disease prevention
Commission proposal unchanged
Commission proposal unchanged
With regard to disease prevention
the following rules shall apply:
(a)
disease prevention shall
Commission proposal unchanged
Commission proposal unchanged
be based on keeping the
animals in optimal conditions
by appropriate siting, taking
into account,
inter alia, the
species’ requirements as to
good water quality, flow and
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Commission proposals
Council General Approach
COMAGRI Vote
exchange rate, optimal design
of the holdings, the application
of good husbandry and
management practices,
including regular cleaning and
disinfection of premises, high
quality feed, appropriate
stocking density, and breed
and strain selection;
(b)
the use of
Commission proposal unchanged
Commission proposal unchanged
immunological veterinary
medicines is allowed;
(c)
an animal health
Commission proposal unchanged
management plan shall detail
biosecurity and disease
prevention practices including
a written agreement for health
counselling, proportionate to
the production unit, with
qualified aquaculture animal
health services who shall visit
the farm at a frequency of not
less than once per year and not
less than once every two years
in the case of bivalve shellfish;
(d)
holding systems,
Commission proposal unchanged
Commission proposal unchanged
equipment and utensils shall
be properly cleaned and
disinfected;
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Commission proposals
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(e)
bio-fouling organisms
Commission proposal unchanged
Commission proposal unchanged
shall be removed only by
physical means or by hand and
where appropriate returned to
the sea at a distance from the
farm;
(f)
only substances for
Commission proposal unchanged
Commission proposal unchanged
cleaning and disinfection of
equipment and facilities
authorised for use in organic
production pursuant to Article
19 may be used.
(g)
with regard to fallowing
Commission proposal unchanged
Commission proposal unchanged
the following rules shall apply:
(i)
the competent
Commission proposal unchanged
Commission proposal unchanged
authority shall determine
whether fallowing is
necessary and the
appropriate duration
which shall be applied and
documented after each
production cycle in open
water containment
systems at sea;
(ii)
it shall not be
Commission proposal unchanged
Commission proposal unchanged
mandatory for bivalve
mollusc cultivation;
435
Commission proposals
Council General Approach
COMAGRI Vote
(iii)
during fallowing
Commission proposal unchanged
Commission proposal unchanged
the cage or other structure
used for aquaculture
animal production is
emptied, disinfected and
left empty before being
used again;
(h)
where appropriate,
Commission proposal unchanged
Commission proposal unchanged
uneaten fish-feed, faeces and
dead animals shall be removed
promptly to avoid any risk of
significant environmental
damage as regards water status
quality, minimise disease risks,
and to avoid attracting insects
or rodents;
(i)
ultraviolet light and
Commission proposal unchanged
Commission proposal unchanged
ozone may be used only in
hatcheries and nurseries;
(j)
for biological control of
(j) for biological control of Commission proposal unchanged
ectoparasites preference shall
ectoparasites preference
be given to the use of cleaner
shall be given to the use of
fish.
cleaner fish
and to the use
of freshwater, marine
water and sodium
chloride solutions.
4.1.4.2
Veterinary treatments
Commission proposal unchanged
Commission proposal unchanged
The following rules shall apply with
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Commission proposals
Council General Approach
COMAGRI Vote
regard to veterinary treatments:
(a)
disease shall be treated
Commission proposal unchanged
Commission proposal unchanged
immediately to avoid suffering
to the animal; chemically
synthesised allopathic
veterinary medicinal products
including antibiotics may be
used where necessary, under
strict conditions and under the
responsibility of a veterinarian,
when the use of
phytotherapeutic, homeopathic
and other products is
inappropriate. Where
appropriate, restrictions with
respect to courses of treatment
and withdrawal periods shall
be defined;
(b)
treatments related to the
Commission proposal unchanged
Commission proposal unchanged
protection of human and
animal health imposed on the
basis of Union legislation shall
be allowed;
(c)
when despite preventive
Commission proposal unchanged
Commission proposal unchanged
measures to ensure animal
health, according to point
4.1.4.1., a health problem
arises, veterinary treatments
may be used in the following
437
Commission proposals
Council General Approach
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order of preference:
(i)
substances from
Commission proposal unchanged
Commission proposal unchanged
plants, animals or
minerals in a
homoeopathic dilution;
(ii)
plants and their
Commission proposal unchanged
Commission proposal unchanged
extracts not having
anaesthetic effects; and
(iii)
substances such as
Commission proposal unchanged
Commission proposal unchanged
trace elements, metals,
natural immunostimulants
or authorised probiotics;
Amendment 369
Annex II - Part III - point 4.1.4.2 (d)
(d)
the use of allopathic
Commission proposal unchanged
(d) the use of allopathic treatments shall be
treatments shall be limited to
limited to two courses of treatment per year,
two courses of treatment per
with the exception of vaccinations
, parasite
year, with the exception of
treatments and compulsory eradication
vaccinations and compulsory
schemes. However, in the
case of a production
eradication schemes. However,
cycle of less than a year
, a limit of one
in the
cases of a production
allopathic treatment
shall apply. If the
cycle of less than a year a limit
indicated limits for allopathic treatments are
of one allopathic treatment
exceeded
, the aquaculture animals concerned
applies. If the indicated limits
shall not be sold as organic products;
for allopathic treatments are
exceeded the aquaculture
animals concerned shall not be
438
Commission proposals
Council General Approach
COMAGRI Vote
sold as organic products;
(e)
the use of parasite
Commission proposal unchanged
Commission proposal unchanged
treatments, not including
compulsory control schemes
operated by Member States,
shall be limited to twice per
year or once per year where
the production cycle is less
than 18 months;
(f)
the withdrawal period
Commission proposal unchanged
Commission proposal unchanged
for allopathic veterinary
treatments and parasite
treatments in accordance with
point (d), including treatments
under compulsory control and
eradication schemes, shall be
twice the withdrawal period as
referred to in Article 11 of
Directive 2001/82/EC or, in a
case in which this period in not
specified, 48 hours;
(g)
whenever veterinary
Commission proposal unchanged
Commission proposal unchanged
medicinal products are used,
such use shall be declared to
the control authority or the
control body before the
animals are marketed as
organic. Treated stock shall be
clearly identifiable.
439
Commission proposals
Council General Approach
COMAGRI Vote
4.1.5 Housing conditions and
Commission proposal unchanged
Commission proposal unchanged
husbandry practices
4.1.5.1
Closed recirculation
Commission proposal unchanged
Commission proposal unchanged
aquaculture animal production
facilities shall be prohibited, with the
exception of hatcheries and nurseries
or for the production of species used
for organic feed organisms.
4.1.5.2
Artificial heating or
Commission proposal unchanged
Commission proposal unchanged
cooling of water shall only be
permitted in hatcheries and
nurseries. Natural borehole water
may be used to heat or cool water at
all stages of production.
4.1.5.3
The husbandry
Commission proposal unchanged
Commission proposal unchanged
environment of the aquaculture
animals shall be designed in such a
way that, in accordance with their
species specific needs, the
aquaculture animals shall:
(a)
have sufficient space for
Commission proposal unchanged
Commission proposal unchanged
their wellbeing and, where
appropriate, a minimum
stocking density;
(b)
be kept in water of good
Commission proposal unchanged
Commission proposal unchanged
quality with,
inter alia, an
adequate flow and exchange
440
Commission proposals
Council General Approach
COMAGRI Vote
rate, sufficient oxygen levels
and keeping a low level of
metabolites;
(c)
be kept in temperature
Commission proposal unchanged
Commission proposal unchanged
and light conditions in
accordance with the
requirements of the species
and having regard to the
geographic location.
In the case of freshwater fish, the
In the case of freshwater
Commission proposal unchanged
bottom type shall be as close as
fish, the bottom type shall
possible to natural conditions.
be as close as possible to
natural conditions.
In the case of carp, the bottom shall
In the case of carp, the
Commission proposal unchanged
be natural earth.
bottom shall be natural
earth.
4.1.5.4
The design and
Commission proposal unchanged
Commission proposal unchanged
construction of aquatic containment
systems shall provide flow rates and
physiochemical parameters that
safeguard the animals’ health and
welfare and provide for their
behavioural needs.
4.1.5.5
Rearing units on land
Commission proposal unchanged
Commission proposal unchanged
shall meet the following conditions:
(a)
for flow-through systems Commission proposal unchanged
Commission proposal unchanged
it shall be possible to monitor
441
Commission proposals
Council General Approach
COMAGRI Vote
and control the flow rate and
water quality of both in-
flowing and out-flowing water;
Amendment 370
Annex II - Part III - point 4.1.5.5 (b)
(b)
at least
five percent of
Commission proposal unchanged
(b) at least
15 % of the perimeter (‘land-water
the perimeter (“land-water
interface') area shall have natural vegetation.
interface”) area shall have
natural vegetation.
4.1.5.6
Containment systems at
Commission proposal unchanged
Commission proposal unchanged
sea shall meet the following
conditions:
(a)
they shall be located
Commission proposal unchanged
Commission proposal unchanged
where water flow, depth and
water-body exchange rates are
adequate to minimise the
impact on the seabed and the
surrounding water body;
(b)
they shall have suitable
Commission proposal unchanged
Commission proposal unchanged
cage design, construction and
maintenance with regard to
their exposure to the operating
environment.
4.1.5.7
Containment systems
Commission proposal unchanged
Commission proposal unchanged
shall be designed, located and
operated to minimise the risk of
442
Commission proposals
Council General Approach
COMAGRI Vote
escape incidents.
4.1.5.8
If fish or crustaceans
Commission proposal unchanged
Commission proposal unchanged
escape, appropriate action shall be
taken to reduce the impact on the
local ecosystem, including recapture,
where appropriate. Documentary
evidence shall be maintained.
4.1.5.9
For aquaculture animal
Commission proposal unchanged
Commission proposal unchanged
production in fishponds, tanks or
raceways, farms shall be equipped
with either natural-filter beds,
settlement ponds, biological filters
or mechanical filters to collect waste
nutrients or use seaweeds or animals
(bivalves and algae) which
contribute to improving the quality
of the effluent. Effluent monitoring
shall be carried out at regular
intervals where appropriate.
4.1.5.10 Stocking density
4.1.5.10. Stocking density Commission proposal unchanged
In considering the effects of the
In considering the effects of Commission proposal unchanged
stocking density on the welfare of
the stocking density on the
produced fish, the condition of the
welfare of produced fish,
fish (such as fin damage, other
the condition of the fish
injuries, growth rate, behaviour
(such as fin damage, other
expressed and overall health) and the
injuries, growth rate,
water quality shall be monitored.
behaviour expressed and
overall health) and the
443
Commission proposals
Council General Approach
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water quality shall be
monitored.
The stocking density shall be as set
The stocking density shall
Commission proposal unchanged
out by species or group of species:
be as set out by species or
group of species:
(a)
Organic production of
(a)
Organic
Commission proposal unchanged
salmonids in fresh water:
production of salmonids
in fresh water:
Species concerned: brown
Species concerned:
Commission proposal unchanged
trout
(Salmo trutta) – rainbow
brown trout (Salmo
trout
(Oncorhynchus mykiss) –
trutta) – rainbow trout
American brook trout
(Oncorhynchus mykiss) –
(Salvelinus fontinalis) –
American brook trout
salmon
(Salmo salar) – charr
(Salvelinus fontinalis) –
(Salvelinus alpinus) – grayling
salmon (Salmo salar) –
(Thymallus thymallus) –
charr (Salvelinus
American lake trout (or grey
alpinus) – grayling
trout)
(Salvelinus namaycush)
(Thymallus thymallus) –
– huchen
(Huchohucho)
American lake trout (or
grey trout) (Salvelinus
namaycush) – huchen
(Huchohucho)
Amendment 371
Annex II - Part III - point 4.1.5.10
(a) - table
See table
Deleted
See Annex 4 to the Annex
(b)
Organic production of
(b)
Organic
Commission proposal unchanged
444
Commission proposals
Council General Approach
COMAGRI Vote
salmonids in sea water:
production of salmonids
in sea water:
Species concerned: salmon
Species concerned:
Commission proposal unchanged
(Salmo salar), brown trout
salmon (Salmo salar),
(Salmo trutta) - rainbow trout
brown trout (Salmo
(Oncorhynchus mykiss)
trutta) - rainbow trout
(Oncorhynchus mykiss)
See table
Deleted
Commission proposal unchanged
(c)
Organic production of
(c)
Organic
Commission proposal unchanged
cod
(Gadus morhua) and other
production of cod (Gadus
Gadidae, sea bass
morhua) and other
(Dicentrarchus labrax), sea
Gadidae, sea bass
bream
(Sparus aurata),
(Dicentrarchus labrax),
meagre
(Argyrosomus regius),
sea bream (Sparus
turbot
(Psetta maxima [=
aurata), meagre
Scopthalmus maximux]), red
(Argyrosomus regius),
porgy
(Pagrus pagrus [=
turbot (Psetta maxima [=
Sparus pagrus]), red drum
Scopthalmus maximux]),
(Sciaenops ocellatus) and
red porgy (Pagrus pagrus
other Sparidae, and spinefeet
[= Sparus pagrus]), red
(Siganus spp.)
drum (Sciaenops
ocellatus) and other
Sparidae, and spinefeet
(Siganus spp.)
Amendment 372
Annex II - Part III - point 4.1.5.10
(c) - table
445
Commission proposals
Council General Approach
COMAGRI Vote
See table
Deleted
See Annex 5 to the Annex
(d)
Organic production of
(d)
Organic
Commission proposal unchanged
sea bass, sea bream, meagre,
production of sea bass,
mullets
(Liza, Mugil) and eel
sea bream, meagre,
(
Anguilla spp.) in earth ponds
mullets (Liza, Mugil) and
of tidal areas and costal
eel (Anguilla spp.) in
lagoons
earth ponds of tidal
areas and costal lagoons
See table
Deleted
Commission proposal unchanged
(e)
Organic production of
(e)
Organic
Commission proposal unchanged
sturgeon in fresh water:
production of sturgeon
in fresh water:
Species concerned: Sturgeon
Species concerned:
Commission proposal unchanged
family (
Acipenseridae)
Sturgeon family
(Acipenseridae)
Amendment 373
Annex II - Part III - point 4.1.5.10
(e) - table
See table
Deleted
See Annex 6 to the Annex
(f)
Organic production of
(f) Organic production of Commission proposal unchanged
fish in inland waters:
fish in inland waters:
Species concerned: carp family
Species concerned: carp
Commission proposal unchanged
(Cyprinidae) and other
family (Cyprinidae) and
associated species in the
other associated species
446
Commission proposals
Council General Approach
COMAGRI Vote
context of polyculture,
in the context of
including perch, pike, catfish,
polyculture, including
coregonids, sturgeon
perch, pike, catfish,
coregonids, sturgeon
See table
Deleted
Commission proposal unchanged
(g)
Organic production of
(g)
Organic
Commission proposal unchanged
penaeid shrimps and
production of penaeid
freshwater prawns
shrimps and freshwater
(
Macrobrachium spp.):
prawns (Macrobrachium
spp.):
See table
Deleted
Commission proposal unchanged
(h)
Molluscs and
(h)
Molluscs and
Commission proposal unchanged
echinoderms:
echinoderms:
See table
Deleted
Commission proposal unchanged
(i)
Tropical fresh water fish:
(i) Tropical fresh water
Commission proposal unchanged
milkfish
(Chanos chanos),
fish: milkfish (Chanos
tilapia (
Oreochromis spp.),
chanos), tilapia
siamese catfish (
Pangasius
(Oreochromis spp.),
spp.):
siamese catfish
(Pangasius spp.):
Amendment 374
Annex II - Part III - point 4.1.5.10 (i)
- table
See table
Deleted
See Annex 7 to the Annex
447
Commission proposals
Council General Approach
COMAGRI Vote
4.1.6 Animal welfare
Commission proposal unchanged
Commission proposal unchanged
4.1.6.1
All persons involved in
Commission proposal unchanged
Commission proposal unchanged
keeping aquaculture animals shall
possess the necessary basic
knowledge and skills as regards the
health and the welfare needs of the
animals
4.1.6.2
Handling of aquaculture
Commission proposal unchanged
Commission proposal unchanged
animals shall be minimised,
undertaken with the greatest care
and proper equipment and protocols
used to avoid stress and physical
damage associated with handling
procedures. Broodstock shall be
handled in a manner to minimise
physical damage and stress and
under anaesthesia where appropriate.
Grading operations shall be kept to a
minimum and as required to ensure
fish welfare.
4.1.6.3
The following
Commission proposal unchanged
Commission proposal unchanged
restrictions shall apply to the use of
artificial light:
Amendment 375
Annex II - Part III - point 4.1.6.3 (a)
(a)
for prolonging natural
Commission proposal unchanged
(a) for prolonging natural day-length it shall
day-length it shall not exceed a
not exceed a maximum that respects the
ethological needs, geographical conditions and
448
Commission proposals
Council General Approach
COMAGRI Vote
maximum that respects the
general health of produced animals
; this
ethological needs,
maximum shall not exceed
12 hours per day,
geographical conditions and
except for reproductive purposes;
general health of produced
animals, this maximum shall
not exceed
16 hours per day,
except for reproductive
purposes;
(b)
abrupt changes in light
Commission proposal unchanged
Commission proposal unchanged
intensity shall be avoided at
the changeover time by the use
of dimmable lights or
background lighting.
4.1.6.4
Aeration is permitted to
Commission proposal unchanged
Commission proposal unchanged
ensure animal welfare and health,
under the condition that mechanical
aerators are preferably powered by
renewable energy sources.
4.1.6.5
The use of oxygen is
Commission proposal unchanged
Commission proposal unchanged
only permitted for uses linked to
animal health and welfare
requirements and critical periods of
production or transport, in the
following cases:
(a)
exceptional cases of
Commission proposal unchanged
Commission proposal unchanged
temperature rise or drop in
atmospheric pressure or
accidental pollution;
449
Commission proposals
Council General Approach
COMAGRI Vote
(b)
occasional stock
Commission proposal unchanged
Commission proposal unchanged
management procedures such
as sampling and sorting;
(c)
in order to assure the
Commission proposal unchanged
Commission proposal unchanged
survival of the farm stock.
4.1.6.6
Appropriate measures
Commission proposal unchanged
Commission proposal unchanged
shall be taken to keep the duration of
transport of aquaculture animals to a
minimum.
4.1.6.7
Any suffering shall be
Commission proposal unchanged
Commission proposal unchanged
kept to a minimum during the entire
life of the animal, including at the
time of slaughter.
4.1.6.8
Slaughter techniques
Commission proposal unchanged
Commission proposal unchanged
shall render fish immediately
unconscious and insensible to pain.
Handling prior to slaughter shall be
performed in a way that avoids
injuries while keeping suffering and
stress at a minimum. Differences in
harvesting sizes, species, and
production sites must be taken into
account when considering optimal
slaughtering methods.
4.2 Specific rules for molluscs
4.2. Specific rules for molluscs
Commission proposal unchanged
4.2.1 Origin of seed
4.2.1. Origin of seed
Commission proposal unchanged
450
Commission proposals
Council General Approach
COMAGRI Vote
With regard to the origin of seed the
With regard to the origin of seed
following rules shall apply:
the following rules shall apply:
(a)
wild seed from outside
(a) wild seed from outside Commission proposal unchanged
the boundaries of the
the boundaries of the
production unit may be used in
production unit may be
the case of bivalve shellfish,
used in the case of bivalve
provided that there is no
shellfish, provided that
significant damage to the
there is no significant
environment, it is permitted by
damage to the environment,
local legislation and the wild
it is permitted by local
seed comes from:
legislation and the wild seed
comes from:
(i)
settlement beds
(i)
settlement beds
Commission proposal unchanged
which are unlikely to
which are unlikely to
survive winter weather or
survive winter weather
are surplus to
or are surplus to
requirements; or
requirements; or
(ii)
natural settlement
(ii)
natural
Commission proposal unchanged
of shellfish seed on
settlement of shellfish
collectors;
seed on collectors;
(b)
for the cupped oyster,
(b) for the cupped oyster,
Commission proposal unchanged
Crassostrea gigas, preference
Crassostrea gigas,
shall be given to stock which
preference shall be given to
is selectively bred to reduce
stock which is selectively
spawning in the wild;
bred to reduce spawning in
the wild;
Amendment 376
451
Commission proposals
Council General Approach
COMAGRI Vote
Annex II - Part III - point 4.2.1 (c)
(c)
records shall be kept of
(c)
records shall be kept
(c) records shall be kept of how, where and
how, where and when wild
of how, where and when
when wild seed was collected to allow
seed was collected to allow
wild seed was collected to
traceability back to the collection area
and only
traceability back to the
allow traceability back to
after the authorisation has been granted by
collection area.
the collection area.
the competent authority.
4.2.2 Housing conditions and
4.2.2. Housing conditions and
Commission proposal unchanged
husbandry practices
husbandry practices
With regard to the housing
With regard to the housing
conditions and husbandry practices
conditions and husbandry
the following rules shall apply:
practices the following rules shall
apply:
(a)
production may be
(a) production may be
Commission proposal unchanged
carried out in the same area of
carried out in the same area
water as organic finfish and
of water as organic finfish
seaweed production in a
and seaweed production in
polyculture system to be
a polyculture system to be
documented in the sustainable
documented in the
management plan. Bivalve
sustainable management
molluscs may also be grown
plan. Bivalve molluscs may
together with gastropod
also be grown together with
molluscs, such as periwinkles,
gastropod molluscs, such as
in polyculture;
periwinkles, in polyculture;
(b)
organic bivalve mollusc
(b) organic bivalve
Commission proposal unchanged
production shall take place
mollusc production shall
within areas delimited by
take place within areas
posts, floats or other clear
delimited by posts, floats or
markers and shall, as
other clear markers and
452
Commission proposals
Council General Approach
COMAGRI Vote
appropriate, be restrained by
shall, as appropriate, be
net bags, cages or other man
restrained by net bags,
made means;
cages or other man made
means;
Amendment 377
Annex II - Part III - point 4.2.2 (c)
(c)
organic shellfish farms
(c)
organic shellfish farms (c) organic shellfish farms
shall not cause risks
shall minimise risks to species
shall minimise risks to
to species of conservation interest.
of conservation interest. If
species of conservation
If predator nets are used their design shall not
predator nets are used their
interest. If predator nets
permit diving birds to be harmed.
design shall not permit diving
are used their design shall
birds to be harmed.
not permit diving birds to
be harmed.
4.2.3 Cultivation
4.2.3. Cultivation
Commission proposal unchanged
With regard to cultivation the
With regard to cultivation the
following rules shall apply:
following rules shall apply:
(a)
cultivation on mussel
(a) cultivation on mussel
Commission proposal unchanged
ropes and other methods listed
ropes and other methods
in point 4.1.5.10 (h) may be
listed in point 4.1.5.10 (h)
eligible for organic production;
may be eligible for organic
production;
Amendment 378
Annex II - Part III - point 4.2.3 (b)
(b)
bottom cultivation of
(b) bottom cultivation of
deleted
molluscs is only permitted
molluscs is only permitted
where no significant
where no significant
environmental impact is
environmental impact is
453
Commission proposals
Council General Approach
COMAGRI Vote
caused at the collection and
caused at the collection and
growing sites. The evidence of
growing sites. The evidence
minimal environmental
of minimal environmental
impact shall be supported by a
impact shall be supported
survey and report on the
by a survey and report on
exploited area to be provided
the exploited area to be
by the operator to the control
provided by the operator to
authority or control body. The
the control authority or
report shall be added as a
control body. The report
separate chapter to the
shall be added as a separate
sustainable management
chapter to the sustainable
plan.
management plan.
4.2.4 Management
4.2.4. Management
Commission proposal unchanged
With regard to management the
With regard to management the
following rules shall apply:
following rules shall apply:
(a)
production shall use a
(a) production shall use a
Commission proposal unchanged
stocking density not in excess
stocking density not in
of that used for non-organic
excess of that used for non-
molluscs in the locality.
organic molluscs in the
Sorting, thinning and stocking
locality. Sorting, thinning
density adjustments shall be
and stocking density
made according to the biomass
adjustments shall be made
and to ensure animal welfare
according to the biomass
and high product quality;
and to ensure animal
welfare and high product
quality;
(b)
biofouling organisms
(b) biofouling organisms
Commission proposal unchanged
shall be removed by physical
shall be removed by
means or by hand and where
physical means or by hand
454
Commission proposals
Council General Approach
COMAGRI Vote
appropriate returned to the sea
and where appropriate
away from mollusc farms.
returned to the sea away
Molluscs may be treated once
from mollusc farms.
during the production cycle
Molluscs may be treated
with a lime solution to control
once during the production
competing fouling organisms.
cycle with a lime solution to
control competing fouling
organisms.
4.2.5 Specific cultivation rules for
4.2.5. Specific cultivation rules for Commission proposal unchanged
oysters
oysters
Cultivation in bags on trestles shall
Cultivation in bags on trestles
Commission proposal unchanged
be permitted. These or other
shall be permitted. These or other
structures in which the oysters are
structures in which the oysters
contained shall be set out so as to
are contained shall be set out so
avoid the formation of a total barrier
as to avoid the formation of a
along the shoreline. Stock shall be
total barrier along the shoreline.
positioned carefully on the beds in
Stock shall be positioned
relation to tidal flow to optimise
carefully on the beds in relation
production. Production shall meet
to tidal flow to optimise
the requirements set out in point
production. Production shall
4.1.5.10. (h).
meet the requirements set out in
point 4.1.5.10. (h).
Part IV: Processed food and
Commission proposal unchanged
Commission proposal unchanged
processed feed production rules
In addition to the general production
Commission proposal unchanged
Commission proposal unchanged
rules laid down in Articles 7, 9 and
13, the rules laid down in this Part
shall apply to processed food and
455
Commission proposals
Council General Approach
COMAGRI Vote
processed feed.
1
General requirements for the Commission proposal unchanged
Commission proposal unchanged
production of processed food and
feed
Amendment 379
Annex II - Part IV - point 1.1
1.1 Food and feed additives,
1.1. Food and feed additives,
1.1. Food and feed additives, processing aids
processing aids and other substances processing aids and other
and other substances and ingredients used for
and ingredients used for processing
substances and ingredients used for
processing food or feed and any processing
food or feed and any processing
processing food or feed and any
practice applied, such as smoking, shall respect
practice applied, such as smoking,
processing practice applied, such as the principles of good manufacturing practice76
.
shall respect the principles of good
smoking, shall respect the
In the smoking of food, procedures which
manufacturing practice
79.
principles of good manufacturing
meet the concerns of food safety,
practice
80.
environmental and resource protection are
preferable.
1.2 Operators producing processed Commission proposal unchanged
Commission proposal unchanged
food or feed shall establish and
update appropriate procedures based
on a systematic identification of
critical processing steps.
1.3 The application of the
Commission proposal unchanged
Commission proposal unchanged
procedures referred to in point 1.2.
shall guarantee at all times that the
79
Good manufacturing practices (GMPs) as defined in Article 3(a) of Commission Regulation (EC) N° 2023/2006 of 22 December 2006 on good
manufacturing practice for materials and articles intended to come into contact with food (O.J. L 384, 29.12.2006, p. 75)
80
Good manufacturing practices (GMPs) as defined in Article 3(a) of Commission Regulation (EC) N° 2023/2006 of 22 December 2006
on good manufacturing practice for materials and articles intended to come into contact with food (O.J. L 384, 29.12.2006, p. 75)
456
Commission proposals
Council General Approach
COMAGRI Vote
produced processed products comply
with this Regulation.
1.4 Operators shall comply with
Commission proposal unchanged
Commission proposal unchanged
and implement the procedures
referred to in point 1.2., and in
particular shall:
(a)
take preventive measures Commission proposal unchanged
Commission proposal unchanged
to avoid the risk of
contamination by unauthorised
substances or products;
Amendment 380
Annex II - Part IV - point 1.4 (a) (new)
1.4a. Operators shall ensure the traceability of
each product within two days in accordance
with Article 18 of Regulation (EC) No
178/2002.
(b)
implement suitable
Commission proposal unchanged
Commission proposal unchanged
cleaning measures, monitor
their effectiveness and record
these operations;
(c)
guarantee that non-
Commission proposal unchanged
Commission proposal unchanged
organic products are not
placed on the market with an
indication referring to organic
production.
1.5 The preparation of processed
Commission proposal unchanged
Commission proposal unchanged
organic products shall be kept
separate in time or space from non-
457
Commission proposals
Council General Approach
COMAGRI Vote
organic products. When non-organic
products are also prepared or stored
in the preparation unit concerned,
the operator shall:
(a)
inform the control
Commission proposal unchanged
Commission proposal unchanged
authority or control body
accordingly;
(b)
carry out the operations
Commission proposal unchanged
Commission proposal unchanged
continuously until the
complete run has been dealt
with, separated by place or
time from similar operations
performed on non-organic
products;
(c)
store organic products,
Commission proposal unchanged
Commission proposal unchanged
before and after the operations,
separate by place or time from
non-organic products;
(d)
keep available an
Commission proposal unchanged
Commission proposal unchanged
updated register of all
operations and quantities
processed;
(e)
take the necessary
Commission proposal unchanged
Commission proposal unchanged
measures to ensure
identification of lots and to
avoid mixtures or exchanges
with non-organic products;
458
Commission proposals
Council General Approach
COMAGRI Vote
(f)
carry out operations on
Commission proposal unchanged
Commission proposal unchanged
organic products only after
suitable cleaning of the
production equipment.
Amendment 381
Annex II - Part IV - point 1.6
1.6 Products, substances and
Commission proposal unchanged
deleted
techniques that reconstitute
properties that are lost in the
processing and storage of organic
food, that correct the results of
negligence in the processing of
organic food or that otherwise may
be misleading as to the true nature
of products intended to be marketed
as organic food shall not be used.
Amendment 382
Annex II - Part IV - point 1.6 (a) (new)
1.6a. The use of techniques, products and
substances produced by using nanotechnology
shall be prohibited in the production of
organic processed food and feed.
2
Requirements for the
Commission proposal unchanged
Commission proposal unchanged
production of processed food
2.1 The following conditions shall
Commission proposal unchanged
Commission proposal unchanged
apply to the composition of organic
processed food:
459
Commission proposals
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Amendment 383
Annex II - Part IV - point 2.1 (a)
(a)
the product shall be
Commission proposal unchanged
(a) the product shall be produced mainly from
produced mainly from
agricultural ingredients
and yeast; in order to
agricultural ingredients; in
determine whether a product is produced
order to determine whether a
mainly from agricultural ingredients, added
product is produced mainly
water and salt shall not be taken into account;
from agricultural ingredients,
added water and salt shall not
be taken into account;
(b)
only those food
(b) only those food
Commission proposal unchanged
additives, processing aids,
additives, processing aids,
flavourings, water, salt,
flavourings, water, salt,
preparations of micro-
preparations of micro-
organisms and food enzymes,
organisms and food
minerals, trace elements,
enzymes, minerals, trace
vitamins, as well as amino
elements, vitamins, as well
acids and other micronutrients
as amino acids and other
in foodstuffs for particular
micronutrients in foodstuffs
nutritional uses authorised for
for particular nutritional
use in organic production
uses authorised for use in
pursuant to Article 19 may be
organic production
used;
pursuant to Article 19 may
be used;
Amendment 384
Annex II - Part IV - point 2.1 (c)
(c)
an organic ingredient
Commission proposal unchanged
deleted
shall not be present together
with the same ingredient in
460
Commission proposals
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conversion or in non-organic
form;
Amendment 385
Annex II - Part IV - point 2.1 (d)
(d)
food produced from in-
Commission proposal unchanged
deleted
conversion crops shall
contain only one crop
ingredient of agricultural
origin.
2.2 Use of certain products and
Commission proposal unchanged
Commission proposal unchanged
substances in processing of food
2.2.1 Only the products and
2.2.1. Only
the products and
Commission proposal unchanged
substances as referred to in point
substances as referred to in point
2.1(b) as well as the products and
2.1(b) those food additives,
substances referred to in points
processing aids and non-organic
2.2.2, 2.2.4. and 2.2.5., may be used
ingredients authorised pursuant
in the processing of food, with the
to Article 19, as well as the
exception of products and substances products and substances referred to
of the wine sector, for which point 2
in point 2.2.2
, 2.2.4. and 2.2.5.,
of Part V shall apply, and of yeast
may be used in the processing of
for which point 1.3 of Part VI shall
food, with the exception of
apply.
products and substances of the wine
sector, for which point 2 of Part V
shall apply, and of yeast for which
point 1.3 of Part VI shall apply.
2.2.2 In the processing of food, the
Commission proposal unchanged
Commission proposal unchanged
use of the following products and
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Commission proposals
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substances shall be allowed:
(a)
preparations of micro-
Commission proposal unchanged
Commission proposal unchanged
organisms and food enzymes
normally used in food
processing; however food
enzymes to be used as food
additives have to be authorised
for use in organic production
pursuant to Article 19;
(b)
substances, and products
(b) substances, and
Commission proposal unchanged
as defined in Article 3(2)(c)
products as defined in Article
and (d) of Regulation (EC) No
3(2)(
bc) and (d) of
1334/2008 of the European
Regulation (EC) No
Parliament and of the
1334/2008 of the European
Council
81 labelled as natural
Parliament and of the
flavouring substances or
Council
82 labelled as natural
natural flavouring
flavouring substances or
preparations, in accordance
natural flavouring
with Articles 15(1)(e) and
preparations, in accordance
Article 16 of that Regulation;.
with Articles 15(1)(e) and Article 16
(2) and (4) of that
Regulation;.
(c)
colours for stamping
Commission proposal unchanged
Commission proposal unchanged
81
Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food
ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No
2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).
82
Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food
ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No
2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).
462
Commission proposals
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meat and eggshells in
accordance with Article 17 of
Regulation (EC) No
1333/2008 of the European
Parliament and of the
Council
83;
(ca) natural colours and
natural coating substances
for the traditional
decorative colouring of the
shell of boiled eggs
produced with the intention
to place them on the market
at a given period of the
year;
(d)
drinking water and salt
Commission proposal unchanged
Commission proposal unchanged
(with sodium chloride or
potassium chloride as basic
components) generally used in
food processing;
Amendment 386
Annex II - Part IV - point 2.2.2 (e)
(e)
minerals (trace elements
Commission proposal unchanged
(e) minerals (trace elements included),
included), vitamins,
vitamins, aminoacids, and micronutrients
to
aminoacids, and
fulfil dietary requirements in the case of food
micronutrients
, only
intended for infants and young children and
83
Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008,
p. 16).
463
Commission proposals
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authorised as far their use is
food for special medical purposes in
legally required in the
accordance with Regulation (EU) No
foodstuffs in which they are
609/2013 of the European Parliament and of
incorporated.
the Council1a
2.2.3 For the purpose of the
Commission proposal unchanged
Commission proposal unchanged
calculation referred to in Article
21(3), the following rules shall
apply:
(a)
certain food additives
Commission proposal unchanged
Commission proposal unchanged
authorised for use in organic
production pursuant to Article
19 shall be calculated as
agricultural ingredients;
Amendment 387
Annex II - Part IV - point 2.2.3 (b)
(b)
preparations and
Commission proposal unchanged
(b) preparations and substances referred to in
substances referred to in point
points (a), (c), (d) and (e) of point 2.2.2.
shall
2.2.2. shall not be calculated as
not be calculated as agricultural ingredients;
agricultural ingredients;
(c)
yeast and yeast products
Commission proposal unchanged
Commission proposal unchanged
shall be calculated as
agricultural ingredients.
2.2.4 The following non-organic
2.2.4. The following non-organic
Commission proposal unchanged
agricultural ingredients may be used
agricultural ingredients may be
in the processing of organic food:
used in the processing of organic
food:
464
Commission proposals
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(a)
animal products:
(a) animal products:
Commission proposal unchanged
(i)
aquatic organisms,
(i) aquatic organisms, not Commission proposal unchanged
not originating from
originating from
aquaculture, and permitted
aquaculture, and
in non-organic foodstuffs
permitted in non-organic
preparation;
foodstuffs preparation;
(ii)
gelatin;
(ii)
gelatin;
Commission proposal unchanged
(iii)
casings;
(iii)
casings;
Commission proposal unchanged
(b)
unprocessed vegetable
(b) unprocessed vegetable Commission proposal unchanged
products as well as products
products as well as
derived therefrom by
products derived therefrom
processing:
by processing:
(i)
edible fruits, nuts
(i) edible fruits, nuts and
Commission proposal unchanged
and seeds:
seeds:
- cola nuts
Cola
cola nuts
Cola
Commission proposal unchanged
acuminata;
acuminata;
(ii)
edible spices and
(ii)
edible spices and Commission proposal unchanged
herbs:
herbs:
- horseradish seeds
horseradish seeds
Commission proposal unchanged
Armoracia rusticana;
Armoracia
rusticana;
- safflower flowers
safflower flowers
Commission proposal unchanged
Carthamus tinctorius;
Carthamus
465
Commission proposals
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tinctorius;
- watercress herb
watercress herb
Commission proposal unchanged
Nasturtium officinale;
Nasturtiu
m officinale;
(iii)
miscellaneous:
(iii)
miscellaneous:
Commission proposal unchanged
Amendment 388
Annex II - Part IV - point 2.2.4 (b)
(iii) - indent 1
- algae, including
algae, including seaweed; – algae, including seaweed
and
seaweed;
Lithothamnium;
(c)
processed vegetable
(c)
processed vegetable
Commission proposal unchanged
products:
products:
(i)
sugars, starches
(i) sugars, starches and
Commission proposal unchanged
and other products from
other products from
cereals and tubers:
cereals and tubers:
- rice paper;
rice paper;
Commission proposal unchanged
- starch from rice and
starch from rice and
Commission proposal unchanged
waxy maize, not
waxy maize, not
chemically modified;
chemically modified;
(ii)
miscellaneous:
(ii)
miscellaneous:
Commission proposal unchanged
- rum, only obtained from
rum, only obtained from Commission proposal unchanged
cane sugar juice.
cane sugar juice.
466
Commission proposals
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Amendment 389
Annex II - Part IV - point 2.2.4 (a)
(new)
2.2.4a. The following non-organic
agricultural ingredients may be used in the
processing of organic food:
1. Where an ingredient of agricultural origin
is not available in an organic form, that
ingredient may be used, but only provided
that:
(a) the operator has notified to the competent
authority of the Member State concerned all
the requisite evidence showing that the
ingredient concerned is not produced in
sufficient quantities, or to a sufficiently high
level of quality, in the Union in accordance
with the organic production rules, or that it
cannot be imported from third countries;and
(b) the competent authority of the Member
State concerned has provisionally authorised
the use of the ingredient for a maximum
period of 12 months after having verified that
the operator has undertaken the necessary
contacts with suppliers in the organic sector to
satisfy himself as to the unavailability of the
ingredient concerned with the required quality
requirements;and
(c) the agriculture ingredient meets the
following conditions:
467
Commission proposals
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– it is a mono ingredient product; and/or
– the specific quality characteristics cannot be
met by similar products.
The Member State concerned may, where
necessary, prolong the authorisation provided
for in point (b).
2. Where an authorisation as referred to in
paragraph 1 has been granted, the Member
State concerned shall immediately transmit to
the other Member States and to the
Commission the following information:
(a) the date of the authorisation and, in the
case of a prolonged authorisation, the date of
the first authorisation;
(b) the name, address, telephone number, and
where relevant, fax number and e-mail
address of the holder of the authorisation; the
name and address of the contact point of the
authority which granted the authorisation;
(c) the name and, where necessary, the precise
description and quality requirements of the
ingredient of agricultural origin concerned;
(d) the type of products for the preparation of
which the requested ingredient is necessary;
(e) the quantities that are required and the
justification for those quantities;
(f) the reasons for, and expected duration of,
468
Commission proposals
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the shortage;
(g) the date on which the Member State sent
this information to the other Member States
and to the Commission.
The Commission and/or Member States shall
make this information available to the public
in a database.
3. Where a Member State submits to the
Commission and to the Member State which
granted the authorisation comments which
show that supplies are available during the
period of the shortage, the Member State
which granted the authorisation shall
consider whether to withdraw the
authorisation or to reduce the envisaged
period of its validity, and shall inform the
Commission and the other Member States of
the measures it has taken or will take, within
15 working days from the date of receipt of
the comments.
4. At the request of a Member State or on the
Commission's initiative, the matter shall be
re-evaluated by the competent authority
concerned.
The competent authority concerned may
decide, in accordance with the procedure laid
down in paragraph 2 of this point, that a
previously granted authorisation is to be
withdrawn or its period of validity modified.
469
Commission proposals
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2.2.5 Fats and oils whether or not
2.2.5. Fats and oils whether or not Commission proposal unchanged
refined, but not chemically modified,
refined, but not chemically
may be used in their non-organic
modified, may be used in their
form if they are derived from plants
non-organic form if they are
other than:
derived from plants other than:
- cocoa
Theobroma
cocoa
Theobroma Commission proposal unchanged
cacao;
cacao;
- coconut
Cocos nucífera;
coconut
Cocos
Commission proposal unchanged
nucífera;
- olive
Olea europaea;
olive
Olea
Commission proposal unchanged
europaea;
- sunflower
Helianthus
sunflower
Helianthus
Commission proposal unchanged
annuus;
annuus;
- palm
Elaeis
palm
Elaeis
Commission proposal unchanged
guineensis;
guineensis;
- rape
Brassica napus,
rape
Brassica
Commission proposal unchanged
rapa;
napus, rapa;
- safflower
Carthamus
safflower
Carthamus
Commission proposal unchanged
tinctorius;
tinctorius;
- sesame
Sesamum
sesame
Sesamum
Commission proposal unchanged
indicum;
indicum;
- soya
Glycine max.
soya
Glycine
Commission proposal unchanged
max.
470
Commission proposals
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Amendment 390
Annex II - part IV - point 2.2.5 (a)
(new)
2.2.5a. For the processing of organic flavours
the following additional requirements shall be
fulfilled:
(a) only flavouring extracts and natural
flavourings as defined in Article 16(4) and (5)
of Regulation (EC) No 1334/2008 of the
European Parliament and of the Council1a
shall be considered as organic flavourings;
(b) for organic flavourings, 95% of flavour
components shall be organic;
(c) only organic carriers shall be allowed and
included in the calculation of the percentage
of agricultural ingredients;
(d) additives, solvents and processing aids
shall be used in organic form when available.
3
Requirements for the
Commission proposal unchanged
Commission proposal unchanged
production of processed feed
3.1 Organic feed materials, or in-
Commission proposal unchanged
Commission proposal unchanged
conversion feed materials, shall not
enter simultaneously with the same
feed materials produced by non-
organic means into the composition
of the organic feed product.
3.2 Any feed materials used or
Commission proposal unchanged
Commission proposal unchanged
471
Commission proposals
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processed in organic production
shall not have been processed with
the aid of chemically synthesised
solvents.
3.2a. Salt may be used in the
processing of organic feed and
feeding organic animals.
3.2b. Products from sustainable
fisheries, may be used in the
processing of organic feed and
feeding organic animals provided
that: (i) they are produced or
prepared without chemical
solvents; (ii) their use is restricted
to non-herbivores; and (iii) the
use of fish protein hydrolysate is
restricted solely to young
animals.
3.2c. Non-organic feed material
of plant, animal and mineral
origin may be used in the
processing of organic feed and
feeding organic animals provided
that their use is authorized
according to Article 19.
Part V: Wine
Commission proposal unchanged
Commission proposal unchanged
1
Scope
Commission proposal unchanged
Commission proposal unchanged
472
Commission proposals
Council General Approach
COMAGRI Vote
Amendment 391
Annex II - Part V - point 1.1
1.1 In addition to the general
Commission proposal unchanged
1.1. In addition to the general production rules
production rules laid down in
laid down in Articles 7, 8, 9
, 13a and 14, the
Articles 7, 8, 9 and
14, the rules laid
rules laid down in this Part shall apply to the
down in this Part shall apply to the
organic production of the products of the wine
organic production of the products
sector as referred to in point (l) of Article 1(2)
of the wine sector as referred to in
of Regulation (EU) No 1308/2013.
point (l) of Article 1(2) of
Regulation (EU) No 1308/2013.
1.2 Commission Regulations (EC)
Commission proposal unchanged
Commission proposal unchanged
No 606/2009
84 and (EC) No
607/2009
85 shall apply, save as
explicitly provided otherwise in this
Part.
2
Use of certain products and
Commission proposal unchanged
Commission proposal unchanged
substances
2.1 Products of the wine sector
Commission proposal unchanged
Commission proposal unchanged
shall be produced from organic raw
material.
2.2 Only products and substances
Commission proposal unchanged
Commission proposal unchanged
84
Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No
479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).
85
Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation
(EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of
certain wine sector products (OJ L 193, 24.7.2009, p. 60).
473
Commission proposals
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authorised for use in organic
production pursuant to Article 19
may be used for the making of
products of the wine sector,
including during the processes and
oenological practices, subject to the
conditions and restrictions laid down
in Regulation (EU) No 1308/2013
and Regulation (EC) No 606/2009
and in particular in Annex I A to that
Regulation.
3
Oenological practices and
3.
Oenological practices and
Commission proposal unchanged
restrictions
restrictions
Amendment 392
Annex II - Part V - point 3.1
3.1
Without prejudice to Sections
3.1. Without prejudice to
3.1.
Only oenological practices, processes and
1. and 2. and to specific
Sections 1. and 2. and to specific
treatments, including the restrictions provided
prohibitions and restrictions
prohibitions and restrictions
for in Article 80 and 83(2) of Regulation (EU)
provided for in points 3.2 to 3.5,
provided for in points 3.2 to 3.5,
No 1308/2013, and in Article 3, Articles 5 to 9
only oenological practices, processes
only oenological practices,
and Articles 11 to 14 of Regulation (EC) No
and treatments, including the
processes and treatments,
606/2009, and in the Annexes to those
restrictions provided for in Article
including the restrictions
Regulations, used before 1 August 2010, shall
80 and 83(2) of Regulation (EU) No
provided for in Article 80 and
be permitted.
1308/2013, and in Article 3, Articles
83(2) of Regulation (EU) No
5 to 9 and Articles 11 to 14 of
1308/2013, and in Article 3,
Regulation (EC) No 606/2009, and
Articles 5 to 9 and Articles 11 to
in the Annexes to those
14 of Regulation (EC) No
Regulations, used before 1 August
606/2009, and in the Annexes to
2010, shall be permitted.
those Regulations, used before 1
474
Commission proposals
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August 2010, shall be permitted.
Amendment 393
Annex II - Part V - point 3.2
3.2 The use of the following
3.2. The use of the following
deleted
oenological practices, processes and oenological practices, processes
treatments shall be prohibited:
and treatments shall be
prohibited:
(a)
partial concentration
(a) partial concentration
deleted
through cooling according to
through cooling according
point (c) of Section B.1 of
to point (c) of Section B.1 of
Part I of Annex VIII to
Part I of Annex VIII to
Regulation (EU) No
Regulation (EU) No
1308/2013;
1308/2013;
(b)
elimination of sulphur
(b) elimination of sulphur deleted
dioxide by physical processes
dioxide by physical
according to point 8 of Annex
processes according to
I A to Regulation (EC) No
point 8 of Annex I A to
606/2009;
Regulation (EC) No
606/2009;
(c)
electrodialysis treatment
(c)
electrodialysis
deleted
to ensure the tartaric
treatment to ensure the
stabilisation of the wine
tartaric stabilisation of the
according to point 36 of
wine according to point 36
Annex I A to Regulation (EC)
of Annex I A to Regulation
No 606/2009;
(EC) No 606/2009;
(d)
partial dealcoholisation
(d) partial
deleted
of wine according to point 40
dealcoholisation of wine
475
Commission proposals
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of Annex I A to Regulation
according to point 40 of
(EC) No 606/2009;
Annex I A to Regulation
(EC) No 606/2009;
(e)
treatment with cation
(e)
treatment with cation
deleted
exchangers to ensure the
exchangers to ensure the
tartaric stabilisation of the
tartaric stabilisation of the
wine according to point 43 of
wine according to point 43
Annex I A to Regulation (EC)
of Annex I A to Regulation
No 606/2009.
(EC) No 606/2009.
3.3 The use of the following
3.3. The use of the following
Commission proposal unchanged
oenological practices, processes and
oenological practices, processes
treatments is permitted under the
and treatments is permitted
following conditions:
under the following conditions:
Amendment 394
Annex II - Part V - point 3.3 (a)
(a)
for heat treatments
(a) for heat treatments
(a) for heat treatments according to point 2 of
according to point 2 of Annex
according to point 2 of
Annex I A to Regulation (EC) No 606/2009,
I A to Regulation (EC)
Annex I A to Regulation
the temperature shall not exceed
75 °C;
No 606/2009, the temperature
(EC) No 606/2009, the
shall not exceed
70 °C;
temperature shall not
exceed 70 °C;
(b)
for centrifuging and
(b) for centrifuging and
Commission proposal unchanged
filtration with or without an
filtration with or without
inert filtering agent according
an inert filtering agent
to point 3 of Annex I A to
according to point 3 of
Regulation (EC) No 606/2009,
Annex I A to Regulation
the size of the pores shall be
(EC) No 606/2009, the size
not smaller than 0,2
of the pores shall be not
476
Commission proposals
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micrometer.
smaller than 0,2
micrometer.
3.4 The use of the following
3.4. The use of the following
Commission proposal unchanged
oenological practices, processes and
oenological practices, processes
treatments shall be re-examined by
and treatments shall be re-
the Commission before 1 August
examined by the Commission
2015 with a view to phase out or to
before 1 August 2015 with a view
further restrict those practices:
to phase out or to further restrict
those practices:
(a)
heat treatments as
(a) heat treatments as
Commission proposal unchanged
referred to in point 2 of Annex
referred to in point 2 of
I A to Regulation (EC) No
Annex I A to Regulation
606/2009;
(EC) No 606/2009;
(b)
use of ion exchange
(b) use of ion exchange
Commission proposal unchanged
resins as referred to in point 20
resins as referred to in
of Annex I A to Regulation
point 20 of Annex I A to
(EC) No 606/2009;
Regulation (EC) No
606/2009;
(c)
reverse osmosis
(c)
reverse osmosis
Commission proposal unchanged
according to point (b) of
according to point (b) of
Section B.1 of Part I of Annex
Section B.1 of Part I of
VIII to Regulation (EU) No
Annex VIII to Regulation
1308/2013.
(EU) No 1308/2013.
3.5 Any amendment introduced
3.5. Any amendment introduced Commission proposal unchanged
after 1 August 2010, as regards the
after 1 August 2010, as regards
oenological practice, processes and
the oenological practice,
treatments provided for in
processes and treatments
Regulation (EC) No 1234/2007 or
provided for in Regulation (EC)
477
Commission proposals
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Regulation (EC) No 606/2009, may
No 1234/2007 or Regulation (EC)
be applicable in the organic
No 606/2009, may be applicable
production of wine only after the
in the organic production of wine
adoption of the measures necessary
only after the adoption of the
for the implementation of the
measures necessary for the
production rules provided for in this
implementation of the production
Section 3 and, if required, an
rules provided for in this Section
evaluation according to Article 19 of
3 and, if required, an evaluation
this Regulation.
according to Article 19 of this
Regulation.
Part VI: Yeast used as food or
Commission proposal unchanged
Commission proposal unchanged
feed
Amendment 395
Annex II - Part VI - introductory
part
In addition to the general production
Commission proposal unchanged
In addition to the general production rules laid
rules laid down in Articles 7, 9
and
down in Articles 7, 9
, 13, 13a and 15, the rules
15, the rules laid down in this Part
laid down in this Part shall apply to organic
shall apply to organic yeast used as
yeast used as food or feed.
food or feed.
1
General requirements
Commission proposal unchanged
Commission proposal unchanged
1.1 For the production of organic
1.1. For the production of organic
Commission proposal unchanged
yeast only organically produced
yeast only organically produced
substrates shall be used.
substrates shall be used.
However,
until 31 December 2020, the
addition of up to 5 % non-
organic yeast extract or
autolysate to the substrate
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Commission proposals
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(calculated in dry matter) is
allowed for the production of
organic yeast, where operators
are unable to obtain yeast extract
or autolysate from organic
production.
1.2 Organic yeast shall not be
Commission proposal unchanged
Commission proposal unchanged
present in organic food or feed
together with non-organic yeast.
1.3 The following substances may
Commission proposal unchanged
Commission proposal unchanged
be used in the production, confection
and formulation of organic yeast:
(a)
processing aids
Commission proposal unchanged
Commission proposal unchanged
authorised for use in organic
production pursuant to Article
19;
(b)
products and substances
Commission proposal unchanged
Commission proposal unchanged
referred to in point 2. 2.2. (a)
and (d) of Part IV.
Amendment 396
Annex II - Part VI - point 1.3 (b) (a)
(new)
(ba) addition to the substrate (calculated in
terms of dry matter) of up to 5 % non-organic
yeast extracts or autolysates shall be
authorised for the production of organic
yeasts.
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Amendment 397
Annex II - Part VI (a) (new)
Part VIa: Labelling of origin
Labelling of origin shall take one of the
following forms, as appropriate:
1. (a) 'EU Agriculture', where the agricultural
raw material has been farmed in the Union;
(b) 'non-EU Agriculture', where the
agricultural raw material has been farmed in
third countries;
(c) 'EU/non-EU Agriculture', where a part of
the agricultural raw materials has been
farmed in the Union and a part of it has been
farmed in a third country.
The word 'Agriculture' may be replaced by
'Aquaculture' where appropriate.
The indication 'EU' or 'non-EU' may be
replaced or supplemented by the name of a
country if all agricultural raw materials of
which the product is composed have been
farmed in that country.
For the indication 'EU' or 'non-EU' or the
country of origin, small quantities by weight
of ingredients may be disregarded provided
that the total quantity of the disregarded
ingredients does not exceed 5 % of the total
quantity by weight of agricultural raw
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materials.
The indication 'EU' or 'non-EU' or the
country of origin shall not appear in a colour,
size and style of lettering more prominent
than the name of the food.
2. The labelling requirements referred to in
point 1 shall not apply in the following cases:
– where the origin of all ingredients is
specified in the ingredients list referring to the
place of agricultural production ;
– where labelling of origin is required by
Regulation (EC) No 1269/211, Regulation
(EC) No 1580/2007 referring to the place of
agricultural production;
– when products are labelled under
Regulation (EC) No 510/2006 referring to the
place of agricultural production.
ANNEX III
COLLECTION, PACKAGING,
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TRANSPORT AND STORAGE
OF PRODUCTS
1
Collection of products and
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transport to preparation units
Operators may carry out
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Commission proposal unchanged
simultaneous collection of organic
and non-organic products only
where appropriate measures are
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taken to prevent any possible
mixture or exchange with non-
organic products and to ensure the
identification of the organic
products. The operator shall keep the
information relating to collection
days, hours, circuit and date and
time of reception of the products
available to the control authority or
control body.
2
Packaging and transport of
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products to other operators or
units
2.1 Operators shall ensure that
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Commission proposal unchanged
organic products are transported to
other operators or units, including
wholesalers and retailers, only in
appropriate packaging, containers or
vehicles closed in such a manner that
substitution of the content cannot be
achieved without manipulation or
damage of the seal and provided
with a label stating, without
prejudice to any other indications
required by Union law:
(a)
the name and address of
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the operator and, where
different, of the owner or seller
of the product;
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(b)
the name of the product
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or a description of the
compound feedingstuff
accompanied by a reference to
organic production;
(c)
the name or the code
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number of the control
authority or control body to
which the operator is subject;
and
(d)
where relevant, the lot
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identification mark according
to a marking system either
approved at national level or
agreed with the control
authority or control body and
which permits to link the lot
with the records referred to in
Article 24.
The information referred to in
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points (a) to (d) may also be
presented on an accompanying
document, if such a document
can be undeniably linked with
the packaging, container or
vehicular transport of the
product. This accompanying
document shall include
information on the supplier or
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the transporter.
2.2 The closing of packaging,
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containers or vehicles shall not be
required where:
(a)
transportation is direct
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between an operator and
another operator who are both
subject to the organic control
system;
(b)
the products are
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accompanied by a document
giving the information
required under point 2.1; and
(c)
both the expediting and
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Commission proposal unchanged
the receiving operators keep
documentary records of such
transport operations available
for the control authority or
control body.
3
Special rules for
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transporting feed to other
production or preparation units or
storage premises
When transporting feed to other
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production or preparation units or
storage premises, operators shall
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ensure that the following conditions
are met:
(a)
during transport,
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organically produced feed, in-
conversion feed, and non-
organic feed shall be
effectively physically
separated;
(b)
vehicles or containers
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which have transported non-
organic products may only be
used to transport organic
products if:
(i)
suitable cleaning
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Commission proposal unchanged
measures, the
effectiveness of which has
been checked, have been
carried out before
commencing the transport
of organic products and
the operators record these
operations;
(ii)
all appropriate
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measures are
implemented, depending
on the risks evaluated in
accordance with control
arrangements and, where
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necessary, operators shall
guarantee that non-organic
products cannot be placed
on the market with an
indication referring to
organic production;
(iii)
the operator keep
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Commission proposal unchanged
documentary records of
such transport operations
available for the control
authority or control body;
(c)
the transport of finished
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organic feed shall be separated
physically or in time from the
transport of other finished
products;
(d)
during transport, the
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quantity of products at the start
and each individual quantity
delivered in the course of a
delivery round shall be
recorded.
4
Transport of live fish
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4.1 Live fish shall be transported
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in suitable tanks with clean water
which meets their physiological
needs in terms of temperature and
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dissolved oxygen.
4.2 Before transport of organic
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fish and fish products, tanks shall be
thoroughly cleaned, disinfected and
rinsed.
4.3 Precautions shall be taken to
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reduce stress. During transport, the
density shall not reach a level which
is detrimental to the species.
4.4 Documentary evidence shall
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be maintained for operations referred
to in points 4.1, 4.2 and 4.3.
5
Reception of products from
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other operators of units
On receipt of an organic product, the Commission proposal unchanged
Commission proposal unchanged
operator shall check the closing of
the packaging or container where it
is required and the presence of the
indications provided for in
Section 2.
The operator shall crosscheck the
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Commission proposal unchanged
information on the label referred to
in Section 2 with the information on
the accompanying documents. The
result of those verifications shall be
explicitly mentioned in the records
referred to in Article 24.
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6
Special rules for the
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reception of products from a third
country
Where organic products are
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imported from a third country, they
shall be transported in appropriate
packaging or containers, closed in a
manner preventing substitution of
the content and provided with
identification of the exporter and
with any other marks and numbers
serving to identify the lot and with
the certificate of control for import
from third countries as appropriate.
On receipt of an organic product
Commission proposal unchanged
Commission proposal unchanged
imported from a third country, the
natural or legal person to whom the
imported consignment is delivered
and who receives it for further
preparation or marketing, shall
check the closing of the packaging
or container and, in the case of
products imported in accordance
with Article 28(1)(b)(ii), shall check
that the certificate of inspection
referred to in that Articlecovers the
type of product contained in the
consignment. The result of this
verification shall be explicitly
mentioned in the records referred to
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in Article 24.
7
Storage of products
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7.1 For the storage of products,
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areas shall be managed in such a
way as to ensure identification of
lots and to avoid any mixing with or
contamination by products or
substances not in compliance with
the organic production rules.
Organic products shall be clearly
identifiable at all times.
7.2 In case of organic plant and
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livestock production units, storage of
input products other than those
authorised for use in organic
production pursuant to Article 19 is
prohibited in the production unit.
7.3 The storage of allopathic
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Commission proposal unchanged
veterinary medicinal products and
antibiotics is permitted on
agricultural and aquaculture
holdings provided that they have
been prescribed by a veterinarian in
connection with treatment as
referred to in points 1.5.2.2 of Part II
and 4.1.4.2(a) of Part III of Annex
II, that they are stored in a
supervised location and that they are
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entered in the livestock record as
referred to in Article 24.
7.4 Where operators handle both
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non-organic products and organic
products and the latter are stored in
storage facilities in which also other
agricultural products or foodstuffs
are stored:
(a)
the organic products
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Commission proposal unchanged
shall be kept separate from the
other agricultural products or
foodstuffs;
(b)
every measure shall be
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Commission proposal unchanged
taken to ensure identification
of consignments and to avoid
mixtures or exchanges with
non-organic products;
(c)
suitable cleaning
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Commission proposal unchanged
measures, the effectiveness of
which has been checked, have
been carried out before the
storage of organic products
and the operators shall record
these operations.
ANNEX IV
TERMS REFERRED TO IN
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ARTICLE 21
BG: биологичен.
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ES: ecológico, biológico.
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CS: ekologické, biologické.
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DA: økologisk.
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Commission proposal unchanged
DE: ökologisch, biologisch.
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ET: mahe, ökoloogiline.
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Commission proposal unchanged
EL: βιολογικό.
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Commission proposal unchanged
EN: organic.
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Commission proposal unchanged
FR: biologique.
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GA: orgánach.
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HR: ekološki.
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IT: biologico.
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LV: bioloģisks, ekoloģisks.
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LT: ekologiškas.
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Commission proposal unchanged
LU: biologësch.
LU:
biologësch biologesch,
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ökologesch.
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HU: ökológiai.
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MT: organiku.
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NL: biologisch.
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PL: ekologiczne.
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PT: biológico.
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RO: ecologic.
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Commission proposal unchanged
SK: ekologické, biologické.
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Commission proposal unchanged
SL: ekološki.
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Commission proposal unchanged
FI: luonnonmukainen.
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Commission proposal unchanged
SV: ekologisk.
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Commission proposal unchanged
ANNEX V
ORGANIC PRODUCTION
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LOGO OF THE EUROPEAN
UNION AND CODE NUMBERS
1
Logo
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1.1 The organic production logo of Commission proposal unchanged
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the European Union shall comply
with the model below:
LOGO to be inserted
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1.2 The reference colour in
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Commission proposal unchanged
Pantone is Green Pantone No 376
and Green (50 % Cyan + 100 %
Yellow), when a four-colour process
is used.
1.3 The organic production logo of Commission proposal unchanged
Commission proposal unchanged
the European Union may also be
used in black and white as shown,
only where it is not practicable to
apply it in colour:
LOGO to be inserted
1.4 If the background colour of the Commission proposal unchanged
Commission proposal unchanged
packaging or label is dark, the
symbols may be used in negative
format, using the background colour
of the packaging or label.
1.5 If a logo is used in colour on a
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Commission proposal unchanged
coloured background, which makes
it difficult to see, a delimiting outer
line around the logo can be used to
improve contrast with the
background colours.
1.6 In certain specific situations
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Commission proposal unchanged
where there are indications in a
single colour on the packaging, the
organic production logo of the
European Union may be used in the
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same colour.
1.7 The organic production logo of Commission proposal unchanged
Commission proposal unchanged
the European Union must have a
height of at least 9 mm and a width
of at least 13,5 mm; the proportion
ratio height/width shall always be
1:1,5. Exceptionally the minimum
size may be reduced to a height of 6
mm for very small packages.
1.8 The organic production logo of 1.8. The organic production logo
Commission proposal unchanged
the European Union may be
of the European Union may be
associated with graphical or textual
associated with graphical or textual
elements referring to organic
elements referring to organic
production, under the condition that
production, under the condition that
they do not modify or change the
they do not modify or change the
nature of the organic production
nature of the organic production
logo of the European Union, nor any logo of the European Union, nor
of the indications defined in
any of the indications defined in
accordance with Article 22. When
accordance with Article 22. When
associated to national or private
associated to national or private
logos using a green colour different
logos using a green colour different
from the reference colour provided
from the reference colour provided
for in point 2, the organic production for in point
1.2, the organic
logo of the European Union may be
production logo of the European
used in that non-reference colour.
Union may be used in that non-
reference colour.
2
Code numbers
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The general format of the code
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numbers shall be as follows:
AB-CDE-999
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Where:
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(a)
‘AB’ is the ISO code for Commission proposal unchanged
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the country where the controls
take place;
(b)
‘CDE’ is a term,
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Commission proposal unchanged
indicated in three letters to be
decided by the Commission or
each Member State, like “bio”
or “öko” or “org” or “eko”
establishing a link with
organic production; and
(c)
‘999’ is the reference
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Commission proposal unchanged
number, indicated in
maximum three digits, to be
assigned by:
(i)
each Member
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Commission proposal unchanged
State’s competent
authority to the control
authorities or control
bodies to which they have
delegated control tasks;
(ii)
the Commission,
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to:
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- the control authorities
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and control bodies
recognised by the
Commission pursuant to
of Article 29;
- to the competent
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authorities of third
countries recognised by
the Commission pursuant
to of Article 31.
Amendment 398
Annex V (a) (new)
ANNEX Va
Specific tasks of the Commission, Member
States and the competent Union authorities
The Commission, Member States and the
competent Union authorities shall perform the
following specific tasks:
– continuous exchange of relevant
information between operators and
responsible authorities to ensure the smooth
functioning and development of the organic
sector;
– identification and analysis of gaps and
deficiencies in the supply of inputs
(organically bred seeds, feed and livestock);
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– identification of those areas in which there
is a particular risk of non-compliance with
this Regulation;
– monitoring of the organic sector, scientific
findings and consultations with stakeholders
in the sector and other interested parties;
– assessment concerning the amendment or
supplementation of the provisions contained
in this Regulation or the Annexes hereto;
– collection, analysis and hosting of relevant
scientific and technical data as specified in
and relevant for the implementation of this
Regulation in Member States and in third
countries;
– setting-up of communication procedures
and tools, data exchange and information
exchange between the competent Union
authorities, Member States and accreditation
bodies as required by this Regulation;
– facilitation of the requirements for controls
by competent authorities and bodies and for
supervision of the recognition of control
bodies and control authorities within the
Union and in third countries;
– coordination of harmonised implementation
of controls and of procedures for the
exchange of information and activities in
cases of suspected non-compliance where
more than one Member State or third country
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is involved as referred to in Articles 20a and
26b;
– management and regular updating of all
relevant directories of recognised control
bodies and control authorities authorised for
third countries pursuant to Article 29(4);
– revision of lists of authorised procedures
and substances in accordance with Article 19;
– monitoring and coordination of the
European organic action plan, including
development of the organic seed sector and
the market for organic feed;
– facilitation of exchanges of information
with the organic sector on the implementation
of this Regulation, proposed changes and
demands from the sector.
Amendment 399
Annex V (c) (new)
ANNEX Vc
Control arrangements and undertaking by the
operator
1. Implementation of control arrangements
1.1. When the control arrangements are first
implemented, the operator shall draw up,
implement and subsequently keep record of:
(a) a full description of the unit and/or
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premises and/or activity;
(b) all the practical measures to be taken at
the level of the unit and/or premises and/or
activity to ensure compliance with the organic
production rules;
(c) the precautionary measures to be taken in
order to reduce the risk of non-compliance
with the applicable rules and the cleaning
measures to be taken in storage places and
throughout the operator's production chain.
Where appropriate, the description and
measures provided for in the first
subparagraph may form part of a quality
system set up by the operator (organic critical
control points – OCCP).
1.2. The description and the measures
referred to in point.1.1 shall be contained in a
declaration, signed by the responsible
operator and by any subcontractor(s). In
addition, that declaration shall include an
undertaking by the operator:
(a) to perform the operations in accordance
with the organic production rules;
(b) to accept, in the event of infringement or
irregularities, enforcement of the measures
provided for by the organic production rules;
(c) to inform the buyers of the product in
writing, so as to ensure that the indications
referring to the organic production method
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are removed from the production concerned;
(d) in cases where the operator and/or the
operator's subcontractors are checked by
different control authorities or control bodies
in accordance with the control system set up
by the Member State concerned, to accept the
exchange of information between those
authorities or bodies;
(e) in cases where the operator and/or the
operator's subcontractors change their control
authority or control body, to accept the
transmission of their control files to the
subsequent control authority or control body;
(f) in cases where the operator withdraws
from the control system, to inform the relevant
competent authority and control authority or
control body without delay of such
withdrawal;
(g) in cases where the operator withdraws
from the control system, to keep the control
file for a period of at least five years;
(h) to inform the relevant control authority or
control body without delay of any irregularity
or infringement affecting the organic status of
the operator's product or of organic products
received from other operators or
subcontractors.
The declaration provided for in the first
subparagraph shall be verified by the control
body or control authority that issues a report
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identifying the possible deficiencies and
instances of non-compliance with the organic
production rules. The operator shall
countersign that report and take the necessary
corrective measures.
1.3. For the application of Article 24a(1), the
operator shall notify the following
information to the competent authority:
(a) name and address of operator;
(b) location of premises and, where
appropriate, parcels (land register data) where
operations are carried out;
(c) nature of operations and products;
(d) in the case of an agricultural holding, the
date on which the producer ceased to apply
products not authorised for organic
production on the parcels concerned;
(e) the name of the control body to which the
operator entrusted control of his undertaking,
where the Member State concerned has
implemented the control system by approving
such bodies.
2. Modification of control arrangements
The operator responsible shall notify any
change in the description or measures
referred to in point 1 and in the initial control
arrangements set out in points 4.1, 5, 6.1, 7.1,
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8.1, 9.2, 10.1 and 11.2 to the control authority
or control body in due time.
3. Access to facilities
3.1. The operator shall:
(a) give the control authority or control body,
for control purposes, access to all parts of the
unit and all premises, as well as to the
accounts and relevant supporting documents;
(b) provide the control authority or control
body with any information reasonably
necessary for the purposes of the control;
(c) when requested so to do by the control
authority or control body, submit the results of
his own quality assurance programmes.
3.2. In addition to the requirements set out in
point 3.1., importers and first consignees shall
submit to the control authority or control body
the information on imported consignments
referred to in point 9.3.
4. Specific control requirements for plants
and plant products from farm production or
collection
4.1. Control arrangements
4.1.1. The full description of the unit as
referred to in point 1.1.(a) shall:
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(a) be drawn up even where the operator
limits his activity to the collection of wild
plants;
(b) indicate the storage and production
premises and land parcels and/or collection
areas and, where applicable, premises where
certain processing and/or packaging
operations take place; and
(c) specify the date of the last application on
the parcels and/or collection areas concerned
of products the use of which is not compatible
with the organic production rules.
4.1.2. In the case of collection of wild plants,
the practical measures referred to in point
1.1.(b) shall include any guarantees given by
third parties which the operator can provide to
ensure that the provisions of Annex II, Part I,
point 2.2. are complied with.
4.2. Communications
Each year, before the date indicated by the
control authority or control body, the operator
shall notify the control authority or control
body of its schedule of production of crop
products, giving a breakdown by parcel.
4.3. Several production units run by the same
operator
Where an operator runs several production
units in the same area, the units producing
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non-organic crops, together with storage
premises for farm input products, shall also be
subject to the general and the specific control
requirements laid down in points 1, 2, 3, 4.1
and 4.2..
5. Specific control requirements for algae
When the control system applying specifically
to algae is first implemented, the full
description of the unit as referred to in point
1.1.(a) shall include:
(a) a full description of the installations on
land and at sea;
(b) the environmental assessment as outlined
in point 2.3. of Annex II, Part III, where
applicable;
(c) the sustainable management plan as
outlined in points 2.4. and 2.5. of Annex II,
Part III, where applicable;
(d) for wild algae, a full description and a map
of shore and sea collection areas and land
areas where post-collection activities take
place.
6. Specific control requirements for livestock
and livestock products produced by animal
husbandry
6.1. Control arrangements
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6.1.1. When the control system applying
specifically to livestock production is first
implemented, the full description of the unit
as referred to in point 1.1.(a) shall include:
(a) a full description of the livestock buildings,
pasturage, open air areas, etc., and, where
applicable, of the premises used for the
storage, packaging and processing of
livestock, livestock products, raw materials
and inputs;
(b) a full description of the installations used
for the storage of livestock manure.
6.1.2. The practical measures referred to in in
point 1.1.(b) shall include:
(a) a plan for spreading manure agreed with
the control body or authority, together with a
full description of the areas given over to crop
production;
(b) where appropriate, as regards the
spreading of manure, the written
arrangements with other holdings as referred
to in Annex II, Part I, point 1.5.5 complying
with the organic production rules;
(c) a management plan for the organic-
production livestock unit.
6.2. Identification of livestock
The livestock shall be identified permanently
using techniques adapted to each species,
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individually in the case of large mammals and
individually or by batch in the case of poultry
and small mammals.
6.3. Control measures in respect of veterinary
medicinal products for livestock
Whenever veterinary medicinal products are
used, the livestock treated shall be clearly
identified, individually in the case of large
animals and individually or by batch or hive
in the case of poultry, small animals and bees.
6.4. Specific control measures in respect of
beekeeping
6.4.1. A map on an appropriate scale listing
the location of hives shall be provided to the
control authority or control body by the
beekeeper. The beekeeper shall provide the
control authority or control body with
appropriate documentation and evidence,
including suitable analyses where necessary,
that the areas accessible to his colonies fulfil
the conditions laid down in this Regulation.
6.4.2. The following information shall be
entered in the register of the apiary with
regard to the use of feeding: type of product,
dates, quantities and hives where it is used.
6.4.3. Whenever veterinary medicinal
products are to be used, the type of product,
including the indication of the active
pharmacological substance, together with
details of the diagnosis, the posology, the
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method of administration, the duration of the
treatment and the legal withdrawal period,
shall be recorded clearly and declared to the
control body or authority before the products
are marketed as organically produced.
6.4.4. The zone where the apiary is situated
shall be registered together with the
identification of the hives. The control body or
authority shall be informed of any moving of
apiaries by a deadline agreed on with the
control authority or body.
6.4.5. Particular care shall be taken to ensure
adequate extraction, processing and storage of
beekeeping products. All the measures taken
to comply with this requirement shall be
recorded.
6.4.6. Removals of the supers and the honey
extraction operations shall be entered in the
register of the apiary.
6.5. Several production units run by the same
operator
Where an operator manages several
production units, the units which produce
non-organic livestock or non-organic
livestock products shall also be subject to the
control system laid down in points 1, 2, 3 and
6.1 to 6.4 of this Annex.
7. Specific control requirements in respect of
aquaculture animal production
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7.1. Control arrangements
When the control system applying specifically
to aquaculture animal production is first
implemented, the full description of the unit
as referred to in point 1.1.(a) shall include:
(a) a full description of the installations on
land and at sea;
(b) the environmental assessment as outlined
in Annex II, Part III, point 2.3, where
applicable;
(c) the sustainable management plan outlined
in Annex II, Part III, points 2.4 and 2.5,
where applicable.
7.2. Several production units run by the same
operator
Where an operator manages several
production units, the units which produce
non-organic aquaculture animals shall also
be subject to the control system laid down in
points 1, 2, 3 and 7.1 of this Annex.
8. Specific control requirements in respect of
units for the preparation of plant, algae,
livestock and aquaculture animal products
and foodstuffs composed thereof
8.1. Control arrangements
In the case of a unit involved in the
preparation of products for its own account or
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for the account of a third party, and
including, in particular, units involved in the
packaging and/or re-packaging of such
products and units involved in the labelling
and/or re-labelling of such products, the full
description of the unit as referred to in point
1.1.(a) shall show the facilities used for the
reception, processing, packaging, labelling
and storage of agricultural products before
and after the operations concerning them, as
well as the procedures for the transport of
those products.
9. Specific control requirements for imports of
organic products from third countries
9.1. Scope
The provisions of this point shall apply to any
operator involved, as importer and/or as first
consignee, in the import and/or reception, for
his own account or for the account of another
operator, of organic products.
9.2. Control arrangements
9.2.1. In the case of the importer, the full
description of the unit as referred to in point
1.1.(a) shall include the importer's premises
and import activities, indicating the points of
entry of the products into the Union and any
other facilities which the importer intends to
use for the storage of the imported products
pending their delivery to the first consignee.
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9.2.2. In addition, the declaration referred to
in point 1.2. shall include an undertaking by
the importer to ensure that any facilities that
the importer will use for storage of products
are submitted to control, to be carried out
either by the control body or by the control
authority or, when those storage facilities are
situated in another Member State or region,
by a control body or authority approved for
control in that Member State or region.
9.2.3. In the case of the first consignee, the
full description of the unit as referred to in
point 1.1.(a) shall show the facilities used for
reception and storage.
9.2.4. Where the importer and the first
consignee are the same legal person and
operate in one single unit, the reports referred
to in the second paragraph of point 1.2 may be
formalised within one single report.
9.3. Information in respect of imported
consignments
The importer shall, in due time, inform the
control body or control authority of each
consignment to be imported into the Union,
providing:
(a) the name and address of the first
consignee;
(b) any details which the control body or
authority may reasonably require, including:
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(i) in the case of products imported in
accordance with point (b)(i) of Article 28(1),
the documentary evidence referred to in that
Article;
(ii) in the case of products imported in
accordance with point (b)(ii) of Article 28(1),
a copy of the certificate of inspection referred
to in that Article.
Upon request by the control body or control
authority of the importer, the latter shall
forward the information referred to in the first
paragraph to the control body or control
authority of the first consignee.
9.4. Control visits
Where the importer performs the import
operations using different units or premises,
he shall make available upon request the
reports referred to in the second paragraph of
point 1.2 in respect of each of those facilities.
10. Specific control requirements for units
involved in the production, preparation or
import of organic products and which have
subcontracted to third parties, wholly or in
part, the actual operations concerned
10.1. Control arrangements
With regard to operations which are
subcontracted to third parties, the full
description of the unit as referred to in point
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1.1.(a) shall include:
(a) a list of the subcontractors with a
description of their activities and an
indication of the control bodies or authorities
to which they are subject;
(b) written agreement by the subcontractors
that their holding will be subject to the control
regime and certification system provided for
by Chapter V (Articles 24 to 26);
(c) details of all the practical measures,
including an appropriate system of
documentary accounts, to be taken at the level
of the unit to ensure that the products which
the operator places on the market can be
traced to, as appropriate, the suppliers, sellers,
consignees and buyers of those products.
11. Control requirements for units preparing
feed
11.1. Scope
This point applies to any unit involved in the
preparation of products referred to in point (c)
of Article 2(1) on its own account or on behalf
of a third party.
11.2. Control arrangements
11.2.1.1. The full description of the unit as
referred to in in point 1.1.(a) shall indicate:
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(a) the facilities used for the reception,
preparation and storage of the products
intended for animal feed before and after the
operations concerning them;
(b) the facilities used for the storage of other
products used to prepare feedingstuffs;
(c) the facilities used to store products for
cleaning and disinfection;
(d) where necessary, a description of the
compound feedingstuff which the operator
intends to produce and the livestock species or
class for which the compound feedingstuff is
intended;
(e) where necessary, the name of the feed
materials that the operator intends to prepare.
11.2.2. The measures to be taken by operators,
as referred to in in point 1.1.(b), to guarantee
compliance with the organic production rules
shall include the indications of measures
referred to in Annex II, Part IV, point 1.
11.2.3. The control authority or control body
shall use those measures to carry out a
general evaluation of the risks attendant on
each preparation unit and to draw up a
control plan. That control plan shall provide
for a minimum number of random samples,
depending on the potential risks.
Amendment 400
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Annex V (d) (new)
See Annex8 to the Annex
Amendment 401
Annex V (e) (new)
ANNEX Ve
Criteria for certification of group operators
(To be defined at a later stage)
Amendment 402
Annex V (f) (new)
ANNEX Vf
Criteria in respect of risk assessments
(To be defined at a later stage)
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ANNEX 1 TO THE ANNEX
Text proposed by the Commission
The minimum surface areas indoors and outdoors and other characteristics for housing porcine animals shall be as
follows:
Indoors area
Outdoors area
(net area available to animals)
(exercise area, excluding pasturage)
Live weight
M2/head
M2/head
minimum (kg)
Farrowing sows with piglets
7,5 sow
2,5
up to 40 days
Fattening porcine animals
up to 50
0,8
0,6
up to 85
1,1
0,8
up to 110
1,3
1
Piglets
over 40 days and
0,6
0,4
up to 30 kg
Brood porcine animals
2,5 female
1,9
6 male
8,0
If pens are used for
natural service: 10
m2/boar
Amendment
The minimum surface areas indoors and outdoors and other characteristics for housing porcine animals shall be as
follows:
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Indoors area
Outdoors area
(net area available to animals)
(exercise area, excluding pasturage)
Live weight
M2/head
M2/head
minimum (kg)
Farrowing sows with piglets
7,5 per scrofa
2,5
up to 40 days
Fattening porcine animals
up to 50
0,8
0,6
up to 85
1,1
0,8
up to 110
1,3
1
over 110
1,5
1,2
Piglets
over 40 days and
0,6
0,4
up to 30 kg
Brood porcine animals
2,5 female
1,9
6 male
8,0
If pens are used for
natural service: 10
m2/boar
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ANNEX 2 TO THE ANNEX
Text proposed by the Commission
The minimum surface area indoors and outdoors and other characteristics of housing for birds of the
species
Gallus gallus shall be as follows:
Breeders/
Young stock
Fattening birds
Capons
Layers
parents
Age
Breeding birds
Pullets 0-
Pullets 9-
Starter
0-
Finisher
22-
Laying
8 weeks
18 weeks
21 days
22 to
81 days
150 days
hens from
19 weeks
In house
6 birds
24 birds
15 birds
20 birds
10 birds with
10 birds
6 birds
stocking rate
with a
with a
with a
a maximum of
with a
(birds per m²
maximum
maximum
maximum
21 kg
maximum
of usable area)
of
21 kg
of
21 kg
of
21 kg
liveweight/m²
of
21 kg
for fixed and
liveweight/
liveweight/
liveweight/
liveweight/
mobile houses
m²
m²
m²
m²
Perch space
18
(cm)
Multi-layer
9 birds
36 birds
22 birds
Not normally applicable
9 birds
systems
excluding
additional
veranda
limits/m2 of
area
ground floor
area
(including
veranda if 24h
access)
Flock size
3 000, including
10 000*
3 300
10 000*
4 800
2 500
3 000
limits
males
Open-air run
4
1
4
1
4
4
4
stocking rates
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(m2/bird),
provided that
the limit of
170 kg of
N/ha/year is
not exceeded
* sub-dividable to produce 3x3 000 or 2x4 800 batches
Amendment
The minimum surface area indoors and outdoors and other characteristics of housing for birds of the
species
Gallus gallus shall be as follows:
Breeders/
Young stock
Fattening birds
Capons
Layers
parents
Age
Breeding
Pullets 0-
Pullets 9-
Starter
0-
Finisher
91-
Laying
birds
8 weeks
18 weeks
28 days
22 to
91 days
150 days
hens from
19 weeks
In house
6 birds
24 birds with a
16 birds
20 birds
10 birds with a
6.5 birds
9 birds
per
stocking rate
maximum of
with a
with a
maximum of
with a
m2/usable
(birds per m²
25 kg
maximum
maximum
25 kg
maximum
surface
of usable area)
liveweight/m²
of
25 kg
of
25 kg
liveweight/m²
of
25 kg
excluding
for fixed and
liveweight/
liveweight/
However, in
liveweight/
veranda
mobile houses
m²
m²
the case of
m²
mobile
housing
which does
not exceed
150 m2 decks
and which isf
left open at
night,
occupation
can be
increased to
16 animals
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provided that
the total
charge does
not exceed 30
kg liveweight/
m2
Perch space
15
(cm)
Multi-layer
36 birds
24 birds
Not normally applicable
9 birds
systems
excluding
additional
veranda area
limits/m2 of
ground floor
area
(including
veranda if 24h
access)
Flock size
10 000*
10 000
Maximum
Maximum 1
Maximum
3 000
and
limits
1 flock per
flock per
1 flock per
9 000
poultry
poultry house
poultry
maximum
house and
and 4 houses
house and
per poultry
4 houses
per
4 houses
house and
per
production
per
maximum
production
unit
production
18 000 per
unit
unit
farm
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ANNEX 2 TO THE ANNEX
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Open-air run
4
1
2
4
4
stocking rates
(m2/bird),
provided that
the limit of
170 kg of
N/ha/year is
not exceeded
* sub-dividable to produce 3x3 000 or 2x4 800 batches
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ANNEX 3 TO THE ANNEX
Text proposed by the Commission
The minimum surface areas indoors and outdoors and other characteristics of housing for birds of species
other than
Gallus gallus shall be as follows:
Turkeys
Geese
Ducks
Guinea
fowl
Type
Male
Female
All
Peking
Type
Male
Female
All
In house
10 with a
10 with a
10 with a
10 with a
10 with a
10 with a
10 with a
10 with a
stocking rate
maximum
maximum
maximu
maximum maximum
maximum
maximum
maximum
(birds per m2 of
of
21 kg
of
21 kg
m of
21
of
21 kg
of
21 kg
of
21 kg
of
21 kg
of
21 kg
usable area) for
liveweight/
liveweight/
kg
liveweigh
liveweight/
liveweight/
liveweight/
liveweight/
fixed and
m²
m²
liveweig
t/m²
m²
m²
m²
m²
mobile houses
ht/m²
Perch space
40
40
Not
Not
40
40
Not
20
(cm)
normally normally
normally
applicabl
applicabl
applicable
e
e
Flock size limits
2,500
2,500
2,500
4,000
3,200
4,000
3,200
5,200
females
3,200
males
Open air
10
10
15
4.5
4.5
4.5
4.5
4
stocking rate
(m2/bird)
provided that
the limit of 170
kg of N/ha/year
is not exceeded
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Amendment
The minimum surface areas indoors and outdoors and other characteristics of housing for birds of species
other than
Gallus gallus shall be as follows:
Turkeys
Geese
Ducks
Guinea
fowl
Type
Male
Female
All
Peking
Type
Male
Female
All
Starter period
0-63 days
0-63 days
0-35
0-26 days
0-35 days
0-35 days
0-35 days
0-28 days
days
In house
6.25 with a
6.25 with a
5 with a
8 with a
8 with a
10 with a
8 with a
13 with a
stocking rate
maximum
maximum
maximu
maximu
maximum
maximum
maximum
maximum
(birds per m2 of
of
35 kg
of
35 kg
m of
30
m of
35
of
35 kg
of
25 kg
of
35 kg
of
25 kg
usable area) for
liveweight/
liveweight/
kg
kg
liveweight/
liveweight/
liveweight/
liveweight/
fixed and
m²
m²
liveweig
liveweigh
m²
m²
m²
m²
mobile houses
ht/m²
t/m²
In-house
stocking rate
(birds per m2 of
usable area) for
mobile houses
16 with a maximum of 30 kg liveweight/m2
with a floor
area of not
more than 150
m2
Flock size limits
2,500
2,500
2,500
4,000
3,200
4,000
3,200
5,200
females
3,200
males
Farm size limits
A maximum of 1 flock per poultry house and a maximum of 4 buildings per production unit.
Open air
6
6
10
2
2
2
3
2
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stocking rate
(m2/bird)
provided that
the limit of 170
kg of N/ha/year
is not exceeded
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ANNEX 4 TO THE ANNEX
Text proposed by the Commission
Production system
Ongrowing farm systems must be fed from
open systems. The flow rate must ensure a
minimum of 60 % oxygen saturation for
stock and must ensure their comfort and
the elimination of production effluent.
Maximum stocking density
Salmonid species not listed below 15
kg/m3
Salmon
20 kg/m3
Brown trout and Rainbow trout
25 kg/m3
Arctic charr
20 kg/m3
Amendment
Production system
Ongrowing farm systems must be fed from
open systems. The flow rate must ensure a
minimum of 60 % oxygen saturation for
stock and must ensure their comfort and
the elimination of production effluent.
Maximum stocking density
Salmonid species not listed below 15
kg/m3
Salmon
15 kg/m3
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Brown trout and Rainbow trout
15 kg/m3
Arctic charr
15 kg/m3
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ANNEX 5 TO THE ANNEX
Text proposed by the Commission
Production system
In open water containment systems (net
pens/cages) with minimum sea current
speed to provide optimum fish welfare or
in open systems on land.
Maximum stocking density
For fish other than turbot:
15 kg/m3
For turbot:
25 kg/m²
Amendment
Production system
In open water containment systems (net
pens/cages) with minimum sea current
speed to provide optimum fish welfare or
in open systems on land.
Maximum stocking density
For fish other than turbot:
10 kg/m3
For turbot:
20 kg/m²
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ANNEX 6 TO THE ANNEX
Text proposed by the Commission
Production system
Water flow in each rearing unit shall be
sufficient to ensure animal welfare
Effluent water to be of equivalent quality
to incoming water
Maximum stocking density
30 kg/m3
Amendment
Production system
Water flow in each rearing unit shall be
sufficient to ensure animal welfare
Effluent water to be of equivalent quality
to incoming water
Maximum stocking density
20 kg/m3
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ANNEX 7 TO THE ANNEX
Text proposed by the Commission
Production system
Ponds and net cages
Maximum stocking density
Pangasius: 10 kg/m3
Oreochromis:
20 kg/m3
Amendment
Production system
Ponds and net cages
Maximum stocking density
Pangasius: 10 kg/m3
Oreochromis:
15 kg/m3
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ANNEX 8 TO THE ANNEX
ANNEX Vd
Model of documentary evidence to be issued to the operator, as referred to in Article 24a(6)
Documentary evidence to be issued to the operator
Document number:
Name and address of operator:
Name, address and code number of
control body/authority:
Main activity (producer, processor,
Defined as:
importer, etc):
Group of products as set out in Article
Organic production, in-conversion
25(3a)/Activity:
products; and also non-organic
production where parallel
production/processing pursuant to Article
7 of Regulation (EU) No XXX/XXXX
occurs
– vegetables and plant products;
– animals and animal products;
– seaweed and aquaculture animals;
– processed foods and fodder, including
yeasts;
– wine.
Validity period:
Date of control(s):
– vegetables and plant products from...to...
– animals and animal products from...to...
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– seaweed and aquaculture animals
from...to...;
– processed foods and fodder, including
yeasts from...to... ;
– wine from...to....
This document has been issued on the basis of Article 24a(5) of Regulation (EU) No
XXX/XXXX. The declared operator has submitted his activities under control and meets the
requirements laid down in the said Regulation.
Date, place:
Signature on behalf of the issuing control body/authority:
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