The European Union is the biggest consumer market for organic produce. Consequently, its regulatory system on organic farming is of special interest, not just to Europeans dealing with organic products, but also to those who target their product to this market. Of particular interest in this context is the Regulation (EEC) 2092/91 with its numerous revisions and amendments. Responding to this interest the following piece gives an overview of the EU-Regulation on organic farming and food production and the administrative approach on revision

Wilbois, Klaus-Peter

English

Organic Eprints

THE ORGANIC STANDARD © Grolink AB     Issue 8 December 200112Since 1991, when the Regulation(EEC) 2092/91 first came intoforce, it has been revised andadded to on several occasions. In fact,up to now the Regulation has beenamended more than twenty times. Aparticularly significant change tookplace in 1999, when the Council ex-tended its scope to cover organic live-stock production.Amended regulations may bepassed by the Council as well as theCommission of EU, in a kind of ‘jobsharing’ deal. The Council, made upof cabinet members of member state’sgovernments, is the principal law andpolicy making body in EU. However,it may delegate law-making powers tothe Commission, which is the execu-tive organ with a large administrativeapparatus consisting of 23 Directo-rates-General, including one for agri-culture. Where the Regulation 2092/91 is concerned this is especially thecase with regard to ruling details likeupdating and supplementing the tech-nical annexes. Article 13 of the Regu-lation defines clearly limits of del-egated law-making power of theCommission.The member states of the Euro-pean Union execute the Regulationthrough their administrative authori-ties. The provisions of the Regulationare employed like national law andmember states are not allowed to is-sue conflicting or parallel nationallaws.The Regulation is self-executing: itobliges private farmers and enterprisesas well as national administrationsand courts to adhere to its provisions.However, it is the European Court ofJustice that has the privilege of au-thoritative interpretation of EU law.Scope of the Regulation(EEC) No. 2092/91Council Regulation (EEC) No. 2092/91 applies to:• Non-processed crop and animalproducts• Processed agricultural products in-tended for human consumption• Animal feedThe rules apply only to productsthat the producer intends to market asorganic. The product must have label-ling, advertising material and com-mercial documents that indicate to thepurchaser that the product was grownand processed in accordance with theorganic production method defined inthe Regulation. The provisions inRegulation 2092/91 do not precludethe application of the other rules thatapply to all products, whether conven-tional or organic. The requirementsimposed under the Regulation cantherefore be stricter than generalCommunity legislation on conven-The European regulatory systemOrganic farming and productionThe European Union is the biggest consumer market for organic produce. Consequently, its regu-latory system on organic farming is of special interest, not just to Europeans dealing with organicproducts, but also to those who target their product to this market. Of particular interest in thiscontext is the Regulation (EEC) 2092/91 with its numerous revisions and amendments. Respond-ing to this interest the following piece gives an overview of the EU-Regulation on organic farmingand food production and the administrative approach on revision*.* The next issue of The Organic Stand-ard will have an overview of how theEU member states implement theregulation on the national level.For each language in the EU there isone term that has been especially as-signed as being the main term fororganic. However, the regulationalso protects the use of similar ex-pressions in the various languages.Spanish: ecológicoDanish: økologiskGerman: ökologischEnglish: organicFrench: biologiqueItalian: biologicoDutch: biologischPortuguese: biológicoFinnish: luonnomukainenSwedish: ekologiskstandards & regulationsTHE ORGANIC STANDARD © Grolink AB     Issue 8 December 200113tional agriculture andproducts intended for hu-man consumption, butthey cannot be less strict.All provisions governingthe production, prepara-tion, marketing, labellingand inspection of agricul-tural products and conven-tional foodstuffs continueto apply.Revision procedurefor the RegulationThe Council, as the princi-pal law-making body inthe EU, adopts law basedon drafts submitted by theCommission. The Com-mission, in turn, is grantedthe privilege of initiatinglaw. In regard to EU-Regulation 2092/91, asArticle 13 states, theCouncil delegated theright to the Commissionto adopt detailed rules for the imple-mentation of Annexes I and III oramend Annexes I, II, III, IV and VI inaccordance with the procedure laiddown in Article 14.The procedure laid down in Article14 requires that the Commission isassisted by a committee composed ofrepresentatives from the memberstates and chaired by a representativefrom the Commission. The memberstates may send civil servants or ex-ternal experts as representatives. Thecommittee is often referred to as Art.-14-Committee, because of its refer-ence to Article 14.The Commission representativesubmits the Commission’s draft pro-posal to the Art.-14-Committee,which should deliver an opinion onthe draft, within a time limit that thechairman lays down according to theurgency of the matter. It may expressCommittee opinionsFavourable opinion:62 or more in favourNo opinion:fewer than 62 in favour, fewerthan 62 againstUnfavourable opinion:62 or more against* If Parliament considers that the proposal exceeds theCommission’s powers, it informs the Council of itsposition.news shorts…VEGAN ORGANIC STAND-ARDS TO BE LAUNCHEDThe Vegan Organic Trust basedin the UK has developedStockfree Organic Standardsand plans to seek accreditationby UKROFS, the regulatorybody for organic production inthe UK.The Stockfree Standards donot allow the use of any animalmanure or animal by-productsin farming. The OrganicBusiness reports that the firstapplicants for stockfree certifi-cation have been inspected.after the current evaluation ofthe Danish system by the IOASis completed.Another recommendation isthat the current requirement thatproducts have to be finallyprocessed or repackaged inDenmark in order to qualify forthe Danish state symbol shouldbe dropped.It is recommended thatDenmark should work tochange the EU regulation toopen up possibilities of havinghigher standards in all aspectsof organic production, such aspermitted additives, and farminputs. It also warns that toomuch flexibility and too manydifferences in standards maymake international recognitionmore difficult.news shorts continued on page 16news short continued from page 10standards & regulationsCommission DraftStanding committee on organic farming(Art. 14, EU-Reg.)Return to theCommissionSubmission to theCouncil andnotification ofParliment*FavourableopinionNo opinion oradverse opinionImplementation byCommissionTime limit of 3months for theCouncilOpposition(qualified majority)Adoption(qualified majority)No reaction fromthe CouncilWeighting of votesMember States               No. votes/                                      countryGermany, France, Italy, 10United KingdomSpain 8Belgium, Greece, 5Netherlands, PortugalAustria, Sweden 4Denmark, Ireland, Finland 3Luxembourg 2Total 87THE ORGANIC STANDARD © Grolink AB     Issue 8 December 200114a favourable or an adverse opinion, ormay fail to reach an opinion (see boxon previous page for the system ofweighting of votes; the chairman doesnot vote). The procedures to be fol-lowed in different cases are displayedon the flow chart on page 13. If themeasures envisaged are not in accord-ance with the opinion of the commit-tee, or if no opinion is delivered, theCommission shall, without delay, sub-mit to the Council a proposal relatingto the measures to be taken. TheCouncil acts by a qualified majority.If, on the expiry of a period of threemonths from the date of referral to it,the Council has not acted, the pro-posed measures are adopted by theCommission. Legislation passed ispublished in the Official Journal ofthe European Communities.A change of the substantive provi-sions of the Regulation may only becarried out by the Council sinceamendments to these parts of the lawrequire legal acts of the same hierar-chy. An example of this is the CouncilRegulation No. 1804/99 that supple-mented Regulation 2092/91 to includelivestock production. This procedureapplies to changes of those parts ofthe regulation that are not delegated tothe Commission according to Article13 of the Regulation. But, neverthe-less, it is the Commission’s role –which has in any case the privilege toinitiate community law – to provide aproposal for amendments of the re-spective provisions.After the Commission has finishedthe work on the draft it is published inthe official journal and submitted tothe Council and the European Parlia-ment, which can comment on the pro-posal. From then on the procedure re-sembles  the procedure illustrated inthe figure on page 13, from where thesubmission to the council is indicated(further committees involved in theContent of the Regulation (EEC) No 2092/91Article/Annex SubjectArticle 1 to 3 Defining the scope of applicationArticle 4 Defining crucial terms used in regulationArticle 6, 6a, 7 Basic organic production rulesArticle 8 and 9 Inspection System in organic farmingArticle 10 Indication for being subject of organic inspection systemArticle 10 a General enforcement measuresArticle 11 Rules for imports from third countriesArticle 12 Free movement of goods within the CommunityArticle 13 to 15,    15a and 16 Administrative provisions and implementationAnnex I Principles of organic production at the farm levelPart A: Plants and plant productsPart B: Animals and animal productsPart C: Beekeeping and beekeeping productsAnnex II Part A: Table with products exceptionally authorised forsoil conditioning and fertilizationPart B: Table with products allowed for plant pest and dis-ease controlPart C: Feed materialsPart D: Feed additivesPart E: Products authorised for cleaning and disinfectionsof livestock buildings and installationsPart F: Other ProductsAnnex III Minimum inspection requirements and precautionary meas-ures under the inspection scheme referred to in Article 8and 9Part A: Farms producing plants and plant productsPart B: Processing and packaging units for plant productsand foodstuffs composed essentially of plant productsAnnex IV Information to be notified as provided in Article 8, 1. (a)Annex V Indication that products are covered by the inspectionschemeAnnex VI Part A: Substances permitted as ingredients of non-agricul-tural originPart B: Substances permitted to be used during preparationPart C: Ingredients of agricultural originAnnex VII Table with maximum number of animals per hectareAnnex VIII Table with minimum surface area indoors and outdoors andother characteristics of housing for farm animalsstandards & regulationsTHE ORGANIC STANDARD © Grolink AB     Issue 8 December 200115When the European Community was establishedin the 1950s the mainobjective was to provide free move-ment for goods and services withinthe Community. This is exactlywhat the Regulation (EEC) 2092/91tries to achieve with regard to or-ganic produce. The gist of Article12 of the Regulation is that memberstates of the EU may not prohibit orrestrict the access of organic prod-ucts to their internal markets ongrounds relating to the presentationof it as organic when the require-ments laid down in the Regulationare met.The Regulation (EEC) No 2092/91 on organic agricultural produc-tion was adopted on 24 June, 1991,after the Council had spent years ofpreparation and consultation. SomeEuropean countries already had welldeveloped private standards whileothers had government regulations fororganic farming, and these bothserved as examples. The rules on or-ganic farming were introduced – ini-tially only for products essentially ofplant origin – as part of the reform ofthe common agricultural policy(CAP). But by the late 1980s CAPhad broadly achieved its original aimof generating agricultural productivitygains so as to make the EuropeanCommunity largely self-sufficient forits food supply, so the policy shiftedtowards other aims, such as the pro-motion of quality products and the in-tegration of environmental conserva-tion into agriculture. In adoptingRegulation (EEC) No 2092/91, theCouncil created a Community frame-work that defined in detail the re-quirements for agricultural productsor foodstuffs bearing a reference toorganic production methods. Overtime these rules have become quitecomplex; not only do they define amethod of agricultural productionfor crops and livestock, they alsoregulate the labelling, processing,inspection and marketing of organicproducts within the Community, andthe import of organic products fromnon-member countries.In order to reduce the surplus ofagricultural produce supply the Eu-ropean Union introduced anextensification programme in 1989.With this programme farmers gotfinancial support from the govern-ment for setting aside arable soil,and organic agriculture was for firsttime officially recognised as aproper means to avoid surpluses inproduction. Later on, the official rec-ognition of organic farming as anenvironmentally sound method ofagricultural production led to furtheropportunities for financial support.Today, the EU-Regulation forms themajor basis on which organic agri-culture is recognised in agri-environ-mental programmes.Background informationprocess are left out for clarity).EU policy can be influenced at dif-ferent points during the law makingand revision process. Firstly, duringthe drafting process the Commissioncan be influenced through the techni-cal assistance provided to the person(s)in charge of the Commission or peo-ple involved in the different commit-tees that advice the Commission. Sec-ondly, amendments that involve theCouncil can be influenced via the par-liament that comments on the submit-ted draft.Finally, the political representa-tives (ministers) of the communitymember states can have an influenc-ing effect.One powerful voice from the pri-vate organic sector, which influencesand comments on the law makingprocess, is the IFOAM-EU-RegionalGroup. This group meets, as a gen-eral rule, once a year with repre-sentatives of the Commission inBrussels. Consented opinions ofthe group are of weight in theprocess.At the moment, Annex I, II,VI as well Annex III are underrevision. Annex III was passed asrecently as this  October (2001)and comes into force in January,2002 (cf. The Organic Standard,issue 7).Dr. Klaus-Peter Wilboise-mail: Klaus.Wilbois@fibl.destandards & regulationsCommunity logo on organicagriculture (English version)

The European regulatory system. Organic farming and production

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