REPORT     ***I
PDF 2313kWORD 2010k
5 November 2015
PE 557.122v03-00 A8-0311/2015

on the proposal for a regulation of the European Parliament and of the Council on organic production and labelling of organic products, amending Regulation (EU) No XXX/XXX of the European Parliament and of the Council [Official controls Regulation] and repealing Council Regulation (EC) No 834/2007

(COM(2014)0180 – C7-0109/2014 – 2014/0100(COD))

Committee on Agriculture and Rural Development

Rapporteur: Martin Häusling

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on the Environment, Public Health and Food Safety
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on organic production and labelling of organic products, amending Regulation (EU) No XXX/XXX of the European Parliament and of the Council [Official controls Regulation] and repealing Council Regulation (EC) No 834/2007

(COM(2014)0180 – C7-0109/2014 – 2014/0100(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2014)0180),

–  having regard to Article 294(2) and Articles 42 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0109/2014),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 15 October 2014(1),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Agriculture and Rural Development and the opinion the Committee on the Environment, Public Health and Food Safety (A8-0311/2015),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The observance of high health, environmental and animal welfare standards in the production of organic products is intrinsic to the high quality of those products. As underlined in the Communication from the Commission to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions on agricultural product quality policy11, organic production forms part of the Union's agricultural product quality schemes together with geographical indications, traditional specialties guaranteed and products of the outermost regions of the Union, as laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council12 and Regulation (EU) No 228/2013 of the European Parliament and of the Council13, respectively. In this sense, organic production pursues the same objectives within the common agricultural policy (‘CAP’) which are inherent to all the agricultural product quality schemes of the Union.

(2) The observance of high health, environmental and animal welfare standards in the production of organic products is intrinsic to the wholesomeness of those products. As underlined in the Communication from the Commission to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions on agricultural product quality policy, organic production forms part of the Union's agricultural product quality schemes together with geographical indications, traditional specialties guaranteed and products of mountainous regions and of the outermost regions of the Union, as laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council and Regulation (EU) No 228/2013 of the European Parliament and of the Council, respectively. In this sense, organic production plays a leading role in establishing more sustainable farming and food systems, and to that end, it pursues the same objectives within the common agricultural policy (‘CAP’) which are inherent to all the agricultural product quality schemes of the Union.

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11 COM (2009) 234 final.

11 COM (2009) 234 final.

12 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

12 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

13 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).

13 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).

Amendment    2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) In particular, the objectives of the organic production policy are embedded in the objectives of the CAP by ensuring that farmers receive a fair return for complying with the organic production rules. In addition, the growing consumer demand for organic products creates conditions for further development and expansion of the market in those products and thus for an increase in the return of farmers engaged in organic production.

(3) In particular, the objectives of the organic production policy are embedded in the objectives of the CAP by ensuring that farmers receive a fair return for complying with the organic production rules. In addition, the growing consumer demand for organic products creates conditions for further development and expansion of the market in those products and thus for an increase in the return of farmers engaged in organic production. Taking into account the fact that Union farmers face increased problems in 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

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Furthermore, organic production is a system that contributes to the integration of environmental protection requirements into the CAP, and promotes sustainable agricultural production. That is why, measures financially supporting organic production have been introduced under the CAP, most recently under Regulation (EU) No 1307/2013 of the European Parliament and of the Council14, and in particular strengthened in the recent reform of the legal framework for rural development policy as established by Regulation (EU) No 1305/2013 of the European Parliament and of the Council15.

(4) Furthermore, organic production is a system that contributes to the integration of environmental protection requirements into the CAP, and promotes sustainable agricultural production. That is why, measures financially supporting organic production have been introduced under the CAP, most recently under Regulation (EU) No 1307/2013 of the European Parliament and of the Council14, and in particular strengthened in the recent reform of the legal framework for rural development policy as established by Regulation (EU) No 1305/2013 of the European Parliament and of the Council15. This Regulation should therefore refer to eligible measures within the national rural development programmes which are to contribute to the support of organic breeding and improved supply of 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.

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14 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).

14 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).

15 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).

15 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).

Amendment    4

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Given the dynamic evolution of the organic sector, Council Regulation (EC) No 834/200726 identified the need for a future review of the Union rules on organic production, taking into account the experience gained from the application of those rules. The results of that review carried out by the Commission show that the Union legal framework governing organic production should be improved to provide for rules that correspond to the high expectations of consumers and that guarantee sufficient clarity for those to whom they are addressed. Therefore, Regulation (EC) No 834/2007 should be repealed and replaced by a new Regulation.

(8) Given the dynamic evolution of the organic sector, Council Regulation (EC) No 834/200726 identified the need for a future review of the Union rules on organic production, taking into account the experience gained from the application of those rules. The results of that review carried out by the Commission show that the Union legal framework governing organic production should be improved to provide for rules that correspond to the high expectations of consumers and that guarantee sufficient clarity for those to whom they are addressed. Therefore, Regulation (EC) No 834/2007 should be repealed and replaced by a new Regulation. Nevertheless, the provisions of Regulation (EC) No 834/2007 responding to those aims should be preserved in this Regulation. Furthermore, this Regulation should mainly improve the implementation of current principles and rules and create a dynamic through which the sector can meet the challenges it faces.

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26 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).

26 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).

Amendment    6

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Experience gained so far with the application of Regulation (EC) No 834/2007 shows a need to clarify the products to which this Regulation applies. Primarily, it should cover agricultural products, including aquaculture products, listed in Annex I to the Treaty on the Functioning of the European Union (‘the Treaty’). Moreover, it should cover processed agricultural products for use as food or feed because the placing on the market of such products as organic provides a major outlet for agricultural products and ensures visibility to the consumer of the organic nature of the agricultural products from which they are processed. Likewise, this Regulation should cover certain other products which are linked to agricultural products in a similarly close way as processed agricultural products because those other products either constitute a major outlet for agricultural products or form an integral part of the production process. Finally, sea salt should be included in the scope of this Regulation because it is produced by applying natural production techniques and its production contributes to the development of rural areas, and thus falls within the objectives of this Regulation. For reasons of clarity, those other products, not listed in Annex I to the Treaty, should be listed in an Annex to this Regulation.

(9) Experience gained so far with the application of Regulation (EC) No 834/2007 shows a need to clarify the production processes and products to which this Regulation applies. Primarily, it should cover agricultural production methods and products, including aquaculture and beekeeping products. Moreover, it should cover processed agricultural products for use as food or feed because the placing on the market of such products as organic provides a major outlet for agricultural products and ensures visibility to the consumer of the organic nature of the agricultural products from which they are processed. Likewise, this Regulation should cover certain other products which are closely linked to agricultural products in a similarly close way as processed agricultural products because those other products either constitute a major outlet for agricultural products or form an integral part of the production process. Finally, salt should be included in the scope of this Regulation because it is produced by applying natural production techniques and its production contributes to the development of rural areas, and thus falls within the objectives of this Regulation.

Amendment    7

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) In order to take into account new production methods or material or international committments, the power to adopt certain acts should be delegated to the Commission in respect of the amendment of the list of other products falling within the scope of this Regulation. Only products which are closely linked to agricultural products should be eligible for inclusion in that list.

deleted

Justification

Amendment corresponding to rapporteur's amendment to Article 2 - paragraph 5.

Amendment    8

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) Because of the local nature of mass catering operations, measures taken by Member States and private schemes in this area are considered adequate to ensure the functioning of the single market. Therefore, food prepared by mass caterers on their premises should not be subject to this Regulation. Equally, products of hunting and fishing of wild animals should not be covered by this Regulation since the production process cannot be fully controlled.

(12) Food prepared by mass caterers on their premises should be subject to this Regulation. Products of hunting and fishing of wild animals should not be covered by this Regulation since the production process cannot be fully controlled.

Justification

Amendment corresponding to rapporteur's amendment to Article 2 - paragraph 2 - subparagraph 2.

Amendment    9

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) Research projects have demonstrated that consumer confidence is crucial in the market for organic food. In the long run, rules that are not trustworthy can jeopardise public confidence and lead to market failure. Therefore the sustainable development of organic production in the Union should be based on sound production rules which are harmonised at Union level. In addition, those production rules should meet operators' and consumers' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this Regulation.

(13) Research projects have demonstrated that consumer confidence is crucial in the market for organic food. In the long run, rules that are not trustworthy, and insufficient implementation of existing rules and controls at Union level, can jeopardise public confidence and lead to market failure. Therefore, the sustainable development of organic production in the Union should be based on sound and transparent production rules and harmonised implementation at national and Union levels. Past experience has revealed major deficiencies in controls at Union level. It is of the utmost importance to improve data collection, communication, monitoring and coordination of the implementation of those rules in all Member States and at Union level.

Amendment    10

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) This Regulation should apply without prejudice to related legislation, such as in the field of safety of the food chain, animal health and welfare, plant health, plant reproductive material, labelling and the environment. More specifically, as regards the authorisation of products and substances that may be used for the production of organic products, it is important to highlight that such products and substances have to be authorised at Union level first. Therefore this Regulation should apply without prejudice to other specific Union provisions relating to the authorisation and placing on the market of those products and susbstances.

(14) This Regulation should apply without prejudice to other Union legislation or national provisions, in conformity with Union law concerning products specified in this Regulation, such as provisions governing the production, preparation, marketing, labelling and control of those products, and including legislation on foodstuffs and animal nutrition. More specifically, as regards the authorisation of products and substances that may be used for the production of organic products, it is important to highlight that such products and substances have to be authorised at Union level first. Therefore this Regulation should apply without prejudice to other specific Union provisions relating to the authorisation and placing on the market of those products and susbstances.

Justification

Amendment corresponding to rapporteur's amendment to Article 2 - paragraph 3.

Amendment    11

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) As a matter of principle, the general production rules of this Regulation should include a prohibition on the use of ionising radiation and genetically modified organisms (GMOs) and products produced from or by GMOs. Since consumers are more and more concerned about environmental impacts of food processing and transportation, organic operators other than farmers and operators producing seaweed or aquaculture animals should be required to manage their environmental performance according to a harmonised system. With the objective of minimising the regulatory burden of micro-enterprises as defined in Commission Recommendation 2003/361/EC27 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.

(15) As a matter of principle, the general production rules of this Regulation should include a prohibition on the use of ionising radiation and genetically modified organisms (GMOs) and products produced from or by GMOs. Efforts should be made to develop the market in respect of veterinary medicinal products without GMOs. Since consumers are increasingly concerned about environmental impacts of food processing and transportation, organic operators other than micro-enterprises, farmers, beekeepers, retailers and operators producing algae or aquaculture animals should be required to improve their environmental performance in accordance with a harmonised framework. With the objective of minimising the regulatory burden of micro-enterprises as defined in Commission Recommendation 2003/361/EC27involved 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 supplementing certain criteria of the environmental management framework.

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27 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).

27 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).

 

(The amendment of the word "seaweed " to "algae" applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment    12

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The risk of non-compliance with the organic production rules is considered higher in agricultural holdings which include units not managed under organic production rules. Therefore, after an appropriate conversion period, all agricultural holdings in the Union which aim to become organic should be entirely managed in compliance with the requirements applicable to organic production. Organic agricultural holdings should undergo the same conversion period in all Member States, irrespective of whether they have previously adhered to agri-environmental measures supported by Union funds. However, no conversion period is necessary in the case of fallow 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.

(16) The risk of non-compliance with the organic production rules is considered higher in agricultural holdings which include units not managed under organic production rules. Therefore, after an appropriate conversion period, all agricultural holdings in the Union which aim to become organic should be entirely managed in compliance with the requirements applicable to organic production. However, mixed farms including production units dedicated to non-organic production and production units which are in compliance with this Regulation should be allowed in cases where conventional farming activities are clearly differentiated from organic farming activities. Moreover, no conversion period should be necessary in the case of fallow land or where there is evidence that only substances authorised for organic production have been used on the land concerned for at least the time period required for conversion and provided that other necessary requirements are fulfilled. 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 the specific conversion rules.

Amendment    13

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment    14

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment    15

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Concerning soil management and fertilisation, conditions should be laid down for the use of cultivation practices allowed in organic plant production and for the use of fertilisers and conditioners.

(19) Concerning soil management and fertilisation, conditions should be laid down for the use of cultivation practices allowed in organic plant production and for the use of fertilisers and conditioners. Member States 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

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The use of pesticides, should be significantly restricted. Preference should be given to the application of measures that prevent any damage by pests and weeds through techniques which do not involve the use of plant protection products such as crop rotation. Presence of pests and weeds should be monitored to decide whether any intervention is economically and ecologically justified. The use of certain plant protection products should be allowed if such techniques do not provide adequate protection and only if those plant protection products have been authorised in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council28, after having been assessed to be compatible with objectives and principles of organic production, including with restrictive conditions of use, and consequently authorised in accordance with this Regulation.

(20) The use of pesticides should be significantly restricted. Preference should be given to the application of measures that prevent any damage by pests, weeds and diseases through techniques which do not involve the use of plant protection products such as crop alternation and rotation. Presence of pests, weeds and diseases should be monitored to decide whether any intervention is economically and ecologically justified. The use of certain plant protection products should be allowed if such techniques do not provide adequate protection and only if those plant protection products have been authorised in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council28, after having been assessed to be compatible with objectives and principles of organic production, including with restrictive conditions of use, and consequently authorised in accordance with this Regulation.

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28 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).

28 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).

Justification

Amendment corresponding to rapporteur's amendments to Annex II - Part I – point 1.6.1 - introductory part and point 1.6.2.

Amendment    18

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) 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 amending or supplementing the specific plant production rules as regards cultivation practices, soil management and fertilisation, plant health and management of pests and weeds, management of mushroom production and other specific plants and plant production systems, the production origin of plant reproductive material and the collection of wild plants.

(21) 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 specific plant production rules as regards soil management and fertilisation, plant health and management of pests, weeds and diseases, management of mushroom production and other specific plants and plant production systems and the collection of wild plants.

Justification

Amendment corresponding to rapporteur's amendments to Article 10 - paragraph 3 - introductory part and points a, c and e.

Amendment    19

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Recital 21 b (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) As livestock production naturally involves the management of agricultural land, where the manure is used to nourish crop production, landless livestock production should be prohibited. The choice of breeds should take account of their capacity to adapt to local conditions, their vitality and their resistance to disease, and a wide biological diversity should be encouraged.

(22) As livestock production naturally involves the management of agricultural land, where the manure is used to nourish crop production, landless livestock production should be prohibited. The choice of breeds should take account of their capacity to adapt to local conditions, their vitality and their resistance to disease, and a wide biological diversity should be encouraged, provided that this is not at the expense of indigenous and local breeds and species, the keeping of which should be supported.

Amendment    22

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission

Amendment

 

(23a) Due to existing exceptions to higher animal welfare standards in organic production, the associated farming practices for animals vary considerably across the Union.

Justification

Amendment corresponding to rapporteur's amendment to Article 5 - paragraph 1 - point f.

Amendment    23

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) In order to avoid environmental pollution of natural resources such as soil and water by nutrients, an upper limit for the use of manure per hectare and for keeping livestock per hectare should be set. That limit should be related to the nitrogen content of the manure.

(24) In order to avoid environmental pollution of natural resources such as soil, aquifers and water by nutrients, an upper limit for the use of manure per hectare and for keeping livestock per hectare should be set. That limit should be related to the nitrogen content of the manure.

Amendment    24

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Mutilations which lead to stress, harm, disease or suffering of animals should be prohibited.

(25) All mutilations which lead to stress, harm, disease or suffering of animals should be prohibited. It should be possible for competent authorities to authorise 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, for reasons of safety or animal and human health or if those practices are intended to improve the health, welfare or hygiene of the livestock concerned. Dehorning and castration of young mammals should be approved only if adequate anaesthesia and/or analgesia are applied.

Amendment    25

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Livestock should be fed on feed materials produced in accordance with the rules of organic production, and preferably coming from the own holding, taking their physiological needs into account. In addition, in order to provide for the basic nutritional requirements of livestock, certain minerals, trace elements and vitamins may need to be used under well-defined conditions.

(26) Livestock should be fed on feed materials produced in accordance with the rules of organic production, and preferably coming from the own holding, taking their physiological needs into account in terms of both quality and quantity. It should be possible for part of the ration to contain feed from holdings which are in the process of converting to organic farming. In addition, in order to provide for the basic nutritional requirements of livestock, certain minerals, trace elements and vitamins may need to be used under well-defined conditions. However, given the fact that vegetable proteins are currently not available on the market in sufficient quantities and are needed in order to ensure animal health in organic production, the Commission should take the necessary steps to support the production of proteins in organic form.

Justification

Amendment corresponding to rapporteur's amendment to Annex II - Part II - point 1.4.1 - paragraph 1 - point b.

Amendment    26

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) 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 amending or supplementing the specific livestock production rules as regards the origin of animals, livestock housing, including minimum surface areas indoors and outdoors and the maximum number of animals per hectare, husbandry practices, breeding, feed and feeding, disease prevention and veterinary treatment.

(28) 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 specific livestock production rules as regards nutrition, disease prevention and veterinary treatment.

Justification

Amendment corresponding to amendments to Article 11 - paragraph 2 - introductory part and points a, c, d and e.

Amendment    27

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) 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 amending or supplementing the specific seaweed production rules as regards the suitability of the aquatic medium and the sustainable management plan, the harvesting of wild seaweed, seaweed cultivation, and antifouling measures and cleaning of production equipment and facilities, and in respect of the establishment of rules supplementing the specific production rules for aquaculture animals as regards the suitability of the aquatic medium and the sustainable management plan, the origin of aquaculture animals, aquaculture husbandry, including aquatic containment systems, production systems and maximum stocking density, breeding, management of aquaculture animals, feed and feeding, and disease prevention and veterinary treatment.

(32) 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 specific algae production rules as regards the harvesting of wild algae and algae cultivation, including for different species of algae, and antifouling measures and cleaning of production equipment and facilities, and in respect of the establishment of rules supplementing the specific production rules for aquaculture animals, including for specific aquaculture species, as regards the origin of aquaculture animals, housing conditions and husbandry practices, management of molluscs, feed and feeding, disease prevention and veterinary treatments.

Justification

Amendment corresponding to rapporteur's amendments to Article 12 - paragraph 2 and paragraph 3.

Amendment    28

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission

Amendment

 

(33a) The Commission should ensure that Member States adopt measures to tackle unfair practices in the food supply chain within the organic sector.

Amendment    29

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Provisions concerning the composition of organic processed food should be laid down. In particular, such food should be produced mainly from agricultural ingredients that are organic with a limited possibility to use certain non-organic agricultural ingredients specified in this Regulation. In addition, only certain substances authorised in accordance with this Regulation should be allowed for use in the production of organic processed food.

(34) Provisions concerning the composition of organic processed food should be laid down. In particular, such food should be produced from agricultural ingredients that are organic with a limited possibility to use certain non-organic agricultural ingredients specified in this Regulation. In addition, only certain substances authorised in accordance with this Regulation should be allowed for use in the production of organic processed food.

Amendment    30

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic. However, special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically, as is the case for products of hunting and fishing. Moreover, for the purposes of consumer information and transparency in the market, and to encourage the use of organic ingredients, it should also be made possible to refer to organic production in the ingredients list under certain conditions.

(35) Processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic. However, special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically, as is the case for products of hunting and fishing. Moreover, for the purposes of consumer information and transparency in the market, and to encourage the use of organic ingredients, it should also be made possible to refer to organic production in the ingredients list under certain conditions, and to the origin of organic products.

Amendment    31

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) 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 amending or supplementing the specific production rules for processed food and feed as regards the procedures to be followed, preventive measures to be taken, the composition of processed food and feed, cleaning measures, the placing on the market of processed products including their labelling and identification, separation of organic products, agricultural ingredients and feed materials from non-organic products, agricultural ingredients and feed materials, the list of non-organic 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.

(37) 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 specific production rules for processed feed as regards preventive and precautionary measures to be taken and the techniques used in feed processing, and in respect of the specific production rules for processed food as regards preventive and precautionary measures to be taken, the composition and conditions of use of products and substances allowed for use in processed food, the list of non-organic 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 processing.

Justification

Amendment corresponding to rapporteur's amendments to Article 13 - paragraph 2 and introducing a new Article 13a (paragraph 3).

Amendment    32

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) Organic wine should be produced entirely from organic raw material and only certain substances authorised in accordance with this Regulation should be allowed to be added. Certain oenological practices, processes and treatments should be prohibited in the production of organic wine. Other practices, processes and treatments should be permitted under well-defined conditions.

(38) Organic wine should be produced entirely from organic raw material and only certain substances authorised in accordance with this Regulation should be allowed to be added. Oenological practices, processes and treatments must be performed in accordance with production rules as defined in this Regulation.

Amendment    33

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) 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 amending or supplementing the specific wine production rules as regards oenological practices and restrictions.

(39) 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 specific wine production rules as regards oenological practices and restrictions.

Justification

Amendment corresponding to rapporteur's amendment to Article 14 - paragraph 2.

Amendment    34

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) 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 amending or supplementing the specific production rules for organic yeast as regards the processing and the substrates used in its production.

(41) 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 specific production rules for organic yeast as regards the processing and the substrates used in its production.

Justification

Amendment corresponding to rapporteur's amendment to Article 15 - paragraph 2.

Amendment    35

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42) 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 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.

(42) Where this Regulation does not lay down detailed production rules for certain animal species, certain aquatic plants and certain micro-algae, national rules or, in the absence thereof, private standards recognised by the Member States should apply pending the inclusion of detailed production rules in this Regulation. Such national rules or private standards should be notified to the Commission. The rules laid down in this Regulation in respect of labelling, controls and certification should apply accordingly.

Justification

Amendment corresponding to rapporteur's amendment to Article 16.

Amendment    36

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) Regulation (EC) No 834/2007 provided for different exceptions from organic production rules. The experience gained from the application of those provisions has shown that such exceptions have a negative impact on organic production. In particular, it has been found that the very existence of such exceptions impedes the production of inputs in organic form and that the high level of animal welfare associated with organic production is not ensured. In addition, the management and control of exceptions entail considerable administrative burden, both for the national administrations and operators. Finally, the existence of exceptions has created conditions for distortions in competition and has threatened to undermine consumer confidence. Accordingly, the scope for allowing exceptions from organic production rules should be further restricted and limited to cases of catastrophic circumstances.

(43) Regulation (EC) No 834/2007 provided for different exceptions from organic production rules. The experience gained from the application of those provisions has shown that such exceptions have not created sufficient stimulus to make such exceptions superfluous. In particular, it has been found that the very existence of such exceptions can impede an increase in supply of inputs in organic form and that the high level of animal welfare associated with organic production is not always ensured. In addition, the management and control of exceptions entail considerable administrative burden, both for the national administrations and operators. Finally, the existence of exceptions has created conditions for distortions in competition and has threatened to undermine consumer confidence. Accordingly, measures to stimulate the development of organic breeding and to close existing gaps in the organic inputs market should be established through this Regulation so that exceptions can be phased out as soon as possible.

Amendment    37

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) In order to allow organic production to continue or recommence in cases of catastrophic circumstances, the power to adopt certain acts should be delegated to the Commission in respect of establishing the criteria for qualifying cases of catastrophic circumstances and to lay down specific rules for addressing such cases and for the necessary monitoring and reporting requirements.

(44) The Commission should be empowered to adopt delegated acts in accordance with Article 36 establishing the criteria by which situations may be categorised as requiring exceptional production rules and the ways of dealing with such situations, and laying down monitoring and reporting requirements, taking into account expertise from the organic sector.

Amendment    38

Proposal for a regulation

Recital 44 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) Under certain conditions organic products and non-organic products can be collected and transported simultaneously. In order to duly separate organic from non-organic products during handling and to avoid any commingling, specific provisions should be laid down.

(45) Under certain conditions organic products and non-organic products can be collected and transported simultaneously. In order to duly separate organic from non-organic products during such handling for collection, transportation and processing purposes, and to avoid any commingling, specific provisions should be laid down.

Amendment    40

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) In order to ensure the integrity of organic production and adaptation to technical developments, the power to adopt certain acts should be delegated to the Commission in respect of establishing rules amending or supplementing the specific rules on collection, packaging, transport and storage of organic products.

(46) In order to ensure the integrity of organic production and adaptation to technical developments, the power to adopt certain acts should be delegated to the Commission in respect of establishing rules supplementing the specific rules on collection, packaging, transport and storage of organic products.

Justification

Amendment corresponding to rapporteur's amendment to Article 18 - paragraph 2.

Amendment    41

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The use in organic production of products and substances such as plant protection products, fertilisers, soil conditioners, nutrients, components of animal nutrition, feed or food additives, processing aids and products for cleaning and disinfection should be limited to the minimum and under the specific conditions laid down in this Regulation. The same approach should be followed regarding the use of products and substances as food additives and processing aids in the production of organic processed food. Therefore, provisions should be laid down to define any possible use of such products and substances in organic production in general and in the production of organic processed food in particular, subject to the principles laid down in this Regulation and to certain criteria.

(47) The use in organic production of products and substances such as plant protection products, fertilisers, soil conditioners, nutrients, components of animal nutrition, feed or food additives, processing aids, products for use in animal husbandry and products for cleaning and disinfection should be limited to the minimum and under the specific conditions laid down in this Regulation. The same approach should be followed regarding the use of products and substances as food additives and processing aids in the production of organic processed food, products and substances for oenological practices and products for cleaning and disinfection. Therefore, provisions should be laid down to define any possible use of such products and substances in organic production in general and in the production of organic processed food in particular, subject to the principles laid down in this Regulation and to certain criteria.

Justification

Amendment corresponding to rapporteur's amendments to Article 19 - paragraph 1 - subparagraph 2 - points ba and bb.

Amendment    42

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to ensure quality, traceability and compliance with this Regulation as regards organic production in general and the production of organic processed food in particular, and adaptation to technical developments, the power to adopt certain acts should be delegated to the Commission to provide for additional criteria for the authorisation or withdrawal of the authorisation of products and substances for use in organic production in general and in the production of organic processed food in particular, and other requirements for the use of such authorised products and substances.

(48) In order to ensure quality, traceability and compliance with this Regulation as regards organic production in general and the production of organic processed food in particular, and adaptation to technical developments, the power to adopt certain acts should be delegated to the Commission in respect of authorising or withdrawing the authorisation of products and substances that may be used in organic production in general and products and substances that may be used in the production of processed organic food in particular, and other requirements for the use of such authorised products and substances.

Justification

Amendment corresponding to rapporteur's amendment to Article 19 paragraph 5.

Amendment    43

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) In the absence of specific Union rules on the measures to take when non-authorised substances or products are present in organic products, different approaches have been developed and implemented 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 to prohibit marketing as organic those products in which any non-authorised products or substances are present beyond given levels. Those levels should be established taking account in particular of Commission Directive 2006/125/EC31 on processed cereal-based foods and baby foods for infants and young children.

deleted

__________________

 

31 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).

 

Amendment    44

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

(50) In order to ensure the effectiveness, efficiency and transparency of the organic production and labelling system, the power to adopt certain acts should be delegated to the Commission in respect of specific criteria and conditions for the establishment and application of the levels of presence of non-authorised products and substances beyond which products shall not be marketed as organic and with respect to the establishment of those levels and their adaptation in the light of technical developments.

deleted

Amendment    45

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(51) Organic production is based on the general principle of restriction of the use of external inputs. Farmers are required to take measures to prevent the risk of contamination by non-authorised products or substances. Despite such measures, there may be instances where farmers are prevented from marketing their agricultural products as organic due to the unintentional presence of non-authorised products or substances. It is therefore appropriate to provide for the possibility whereby Member States may, in accordance with Article 42 of the Treaty, be authorised by the Commission to grant national payments to compensate for the losses incurred in such instances. Member States may also use the instruments of the Common Agricultural Policy to cover totally or partially such losses.

(51) Organic production is based on the general principle of restriction of the use of external inputs. Farmers are required to take measures to prevent the risk of contamination by non-authorised products or substances. Despite such measures, there may be instances where farmers are prevented from marketing their agricultural products as organic due to the unintentional presence of non-authorised products or substances.

Amendment    46

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

(52) The labelling of agricultural products and foodstuffs should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council32, and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers. In addition, specific provisions relating to the labelling of organic products should be laid down in this Regulation. They should protect both the interests of operators in having their products correctly identified on the market and enjoying conditions of fair competition, and those of consumers in enabling them to make informed choices.

(52) The labelling of agricultural products and foodstuffs should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council32 and, in particular, strict compliance with the common labelling standards and the provisions aimed at preventing labelling that may confuse or mislead consumers. In addition, specific provisions relating to the labelling of organic products should be laid down in this Regulation. They should protect both the interests of operators in having their products correctly identified on the market and enjoying conditions of fair competition, and those of consumers in enabling them to make informed choices.

__________________

__________________

32 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).

32 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).

Amendment    47

Proposal for a regulation

Recital 57

Text proposed by the Commission

Amendment

(57) In order to provide clarity for consumers and to ensure that the appropriate information is communicated to them, the power to adopt certain acts should be delegated to the Commission in respect of adapting the list of terms referring to organic production set out in this Regulation, establishing the specific labelling and composition requirements applicable to feed and ingredients thereof, laying down further rules on labelling and the use of the indications, other than the organic production logo of the European Union, set out in this Regulation, and amending the organic production logo of the European Union and the rules relating thereto.

(57) In order to provide clarity for consumers and to ensure that the appropriate information is communicated to them, the power to adopt certain acts should be delegated to the Commission in respect of adapting the list of terms referring to organic production set out in this Regulation, laying down further rules on labelling and the use of the indications, other than the organic production logo of the European Union, set out in this Regulation, and amending the organic production logo of the European Union and the rules relating thereto.

Justification

Amendment corresponding to rapporteur's amendment to Article 21 - paragraph 4.

Amendment    48

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58) Organic production is only credible if accompanied by effective verification and controls at all stages of production, processing and distribution. Organic production should be subject to official controls or other official activities carried out in accordance with Regulation (EU) No (XXX/XXXX) of the European Parliament and of the Council33 to verify compliance with the rules on organic production and labelling of organic products.

(58) Organic production is only credible if accompanied by effective verification and controls at all stages of production, processing and distribution. Organic production should be subject to official controls or other official activities carried out in accordance with this Regulation to verify compliance with the rules on organic production and labelling of organic products. Therefore, specific rules for organic production, concerning the control of the production process throughout the organic production chain, should fall within the scope of this Regulation.

 

 

33 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 …).

 

Amendment    49

Proposal for a regulation

Recital 60

Text proposed by the Commission

Amendment

(60) Small farmers in the Union face, individually, relatively high inspection costs and administrative burden linked to organic certification. A system of group certification should be allowed with a view to reducing the inspection and certification costs and the associated administrative burden, strengthening local networks, contributing to better market outlets and ensuring a level playing field with operators in third countries. For that reason, the concept of ‘group of operators' should be introduced and defined.

(60) Small farmers in the Union face, individually, relatively high inspection costs and administrative burden linked to organic certification. A system of group certification should be allowed with a view to reducing the inspection and certification costs and the associated administrative burden, strengthening local networks, contributing to better market outlets and ensuring a level playing field with operators in third countries. For that reason, the concept of ‘group of operators' should be introduced and defined .That concept should also include cross-border groups. Furthermore, Member States should make dedicated use of cooperation measures between farmers, especially small farmers eligible under Regulation (EU) No 1305/2013.

Amendment    50

Proposal for a regulation

Recital 61

Text proposed by the Commission

Amendment

(61) In order to ensure the effectiveness, efficiency and transparency of the organic production and labelling system, the power to adopt certain acts should be delegated to the Commission in respect of the requirements for keeping of records by operators or groups of operators, the requirements for publication of the list of operators, the requirements and procedures to be applied for publication of the fees that may be collected in relation to the controls for verifying compliance with the organic production rules and for supervision by the competent authorities of the application of those fees, as well as the criteria for defining the groups of products in respect of which operators should be entitled to have only one organic certificate issued by the control authority or control body concerned.

deleted

Justification

Amendment corresponding to rapporteur's amendments to Article 24 - paragraph 6 and Article 25 - paragraph 6.

Amendment    51

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62) In order to ensure that the certification of a group of operators is done effectively and efficiently, the power to adopt certain acts should be delegated to the Commission in respect of the responsibilities of the individual members of a group of operators, the composition and size of that group, the categories of products to be produced by a group of operators, the conditions for participation in the group, and 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.

deleted

Justification

Amendment corresponding to rapporteur's amendment to Article 26 - paragraph 3.

Amendment    52

Proposal for a regulation

Recital 62 a (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

Amendment corresponding to rapporteur's amendment to Article 26 - paragraph 3.

Amendment    53

Proposal for a regulation

Recital 67

Text proposed by the Commission

Amendment

(67) The experience with the scheme of control authorities and control bodies recognised as competent to carry out controls and issue certificates in third countries for the purpose of import of products providing equivalent guarantees shows that the rules applied by those authorities and bodies are different and could be difficult to be considered as equivalent to the respective Union rules. Furthermore, multiplication of control authorities and control bodies standards hampers adequate supervision by the Commission. Therefore that scheme of recognition of equivalence should be abolished. However, sufficient time should be given to those control authorities and control bodies so that they can prepare themselves for obtaining recognition for the purposes of import of products complying with Union rules.

(67) Experience with the scheme of control authorities and control bodies recognised as competent to carry out controls and issue certificates in third countries for the purpose of import of products providing equivalent guarantees shows that the rules applied by those authorities and bodies are different and could be difficult to be considered as equivalent to the respective Union rules. Furthermore, multiplication of control authorities and control bodies standards hampers adequate supervision by the Commission. Therefore, that scheme of recognition of equivalence should be modified so as to introduce a new system of adapted compliance where appropriate. However, sufficient time should be given to those control authorities and control bodies so that they can prepare themselves for obtaining recognition for the purposes of import of products complying with Union rules.

Amendment    54

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

(69) In order to ensure fair competition among operators, the traceability of the imported products intended to be placed on the market within the Union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products, and in order to ensure the management of the list of third countries recognised for the purpose of equivalence under Regulation (EC) No 834/2007, the power to adopt certain acts should be delegated to the Commission in respect of the documents intended for customs authorities in third countries, in particular an organic export certificate, in electronic form wherever possible, the documents necessary for the purposes of import, also in electronic form wherever possible, the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic 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.

(69) In order to ensure the traceability of the imported products intended to be placed on the market within the Union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products, and in order to ensure the management of the list of third countries recognised for the purpose of equivalence under Regulation (EC) No 834/2007, the power to adopt certain acts should be delegated to the Commission in respect of the documents necessary for the purposes of import, also in electronic form wherever possible, in respect of fulfilment of the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic products, in respect of the information to be sent by third countries recognised under that Regulation which is necessary for the supervision of their recognition, in respect of laying-down the provisions for the exercise of that supervision by the Commission, including on-the-spot examination, in respect of the procedure to be followed for the recognition of the control authorities and control bodies, including the content of the technical dossier to be submitted, as well as a withdrawal of recognition, and in respect of the controls and other actions to be performed by control authorities and control bodies recognised by the Commission. Where serious or repeated infringements of the rules governing inspection and certification are detected, recognition of the control bodies concerned should be immediately withdrawn, in the third countries concerned as well as throughout the Union market for national accreditation bodies established in the Union.

Justification

Amendment corresponding to rapporteur's amendments to Article 27 - paragraph 3, Article 29 - paragraph 7, and introducing new paragraphs 7a and 7b in Article 29.

Amendment    55

Proposal for a regulation

Recital 69 a (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

Amendment corresponding to rapporteur's amendments to Article 29 - paragraph 8, Article 31 - paragraph 6 and Article 33 - paragraph 2.

Amendment    56

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(70) Provision should be made to ensure that the movement of organic products that have been subject to a control in one Member State and which comply with this Regulation cannot be restricted in another Member State. In order to ensure the proper functioning of the single market and trade between Member States, the power to adopt certain acts should be delegated to the Commission to lay down rules relating to the free movement of organic products.

(70) Provision should be made to ensure that the movement of organic products that have been subject to a control in one Member State and which comply with this Regulation cannot be restricted in another Member State.

Justification

Amendment corresponding to rapporteur's amendment to Article 32 - paragraph 2.

Amendment    57

Proposal for a regulation

Recital 71

Text proposed by the Commission

Amendment

(71) For the purpose of obtaining reliable information needed for the implementation of this Regulation, Member States should provide the Commission annually with the necessary information. For reasons of clarity and transparency, Member States should keep updated lists of competent authorities, control authorities and control bodies. The lists of control authorities and control bodies should be made public by the Member States and annually published by the Commission.

(71) For the purpose of obtaining reliable information needed for the implementation of this Regulation, Member States should provide the Commission annually with the necessary up-to-date statistical information. For reasons of clarity and transparency, Member States should keep updated lists of competent authorities, control authorities and control bodies. The lists of control authorities and control bodies should be made public by the Member States and annually published by the Commission.

Amendment    58

Proposal for a regulation

Recital 72

Text proposed by the Commission

Amendment

(72) It is necessary to lay down measures to ensure a smooth transition to some modifications of the legal framework governing the import of organic products into the Union, as introduced by this Regulation. In particular, in order to ensure a smooth transition from the old to the new legal framework, the power to adopt certain acts should be delegated to the Commission in respect of the rules relating to conversion periods starting under Regulation (EC) No 834/2007, by way of derogation from the general rule that no previous periods may be recognised retroactively as being part of the conversion period.

(72) It is necessary to lay down measures to ensure a smooth transition to some modifications of the legal framework governing the import of organic products into the Union, as introduced by this Regulation. In particular, in order to ensure a smooth transition from the old to the new legal framework, the power to adopt certain acts should be delegated to the Commission in respect of the rules relating to conversion periods starting under Regulation (EC) No 834/2007.

Justification

Amendment corresponding to rapporteur's amendment to Article 8 - paragraph 3.

Amendment    59

Proposal for a regulation

Recital 75

Text proposed by the Commission

Amendment

(75) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the technical details for the establishment of the database for the listing of the varieties for which plant reproductive material obtained by the organic production method is available, as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular, including the procedures to be followed for the authorisation and the lists of those products and substances and, where appropriate, their description, compositional requirement and conditions for use, as regards the specific and practical modalities regarding the presentation, composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed, the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed, 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, as regards 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 those control authorities and control bodies 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, as regards 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, as regards 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) No 182/2011 of the European Parliament and of the Council34.

(75) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the technical details for the establishment of the single database for the listing of the varieties, in particular traditional and rare varieties, for which plant reproductive material obtained by the organic production method is available, as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular, including the procedures to be followed for the authorisation and the lists of those products and substances and, where appropriate, their description, compositional requirement and conditions for use, as regards the specific and practical modalities regarding the presentation, composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed, the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed, 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, as regards 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 those control authorities and control bodies 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, as regards 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, as regards 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) No 182/2011 of the European Parliament and of the Council34.

__________________

__________________

34 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).

34 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 the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment    60

Proposal for a regulation

Recital 77

Text proposed by the Commission

Amendment

(77) In order to ensure a smooth transition between on the one hand the rules on the organic origin of plant reproductive material and on animals for breeding purposes provided for in Regulation (EC) No 834/2007 and the exception to production rules adopted pursuant to Article 22 of that Regulation, and on the other hand the new production rules for plants and plant products and livestock provided for in this Regulation, the power to adopt certain acts should be delegated to the Commission in respect of the granting of exceptions where exceptions are deemed necessary, in order to ensure access to plant reproductive material and live animals for breeding purposes that may be used in organic production. Since those acts are transitional in nature, they should apply for a limited period of time.

(77) In order to ensure a smooth transition between, on the one hand, the rules on the organic origin of plant reproductive material and on animals for breeding purposes provided for in Regulation (EC) No 834/2007 and the exception to production rules adopted pursuant to Article 22 of that Regulation, and, on the other hand, the new production rules for plants and plant products and livestock provided for in this Regulation, the power to adopt certain acts should be delegated to the Commission in respect of the granting of exceptions where exceptions are deemed necessary, in order to ensure access to plant reproductive material and live animals for breeding purposes that may be used in organic production. Those acts are only transitional in nature, however, and will therefore apply only for the limited period of time needed in order to identify and fill gaps in the availability of organic reproductive material for plants and of organic animals raised for breeding purposes.

Justification

The aim is to establish a genuine market for organic seed production, in cooperation with European organic seed producers. This calls for an effective system of incentives and a clear commitment on the part of the legislator.

Amendment    61

Proposal for a regulation

Recital 77 a (new)

Text proposed by the Commission

Amendment

 

(77a) The Commission's Action Plan for the future of Organic Production in the European Union should be used to help fund research and innovation with a view to increasing the production and availability of organic seed and plant reproductive material.

Amendment    62

Proposal for a regulation

Recital 77 b (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Recital 78

Text proposed by the Commission

Amendment

(78) The Commission should consider the situation of the availability of organic plant reproductive material and animals for breeding purposes and present a report to this end to the European Parliament and the Council in 2021.

(78) In order to ensure that organic plant reproductive material, feed, and animals raised for breeding purposes are available on the market in sufficient quantities, and before submitting any proposals for the phasing-out of exceptions, the Commission should carry out a study based on data collection and on analysis of the situation in the Member States. On the basis of that study, the Commission should by the end of 2020 present a report to the European Parliament and the Council 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.

Amendment    64

Proposal for a regulation

Recital 80

Text proposed by the Commission

Amendment

(80) The review of the legislative framework for organic production and labelling of organic products showed that the specific needs relating to the official controls and other official activities carried out in accordance with Regulation (EU) No XXX/XXX (Official controls Regulation) require provisions to better address instances of non-compliance. In addition, the provisions of Regulation (EU) No XXX/XXX [official controls Regulation] relating to the tasks and responsibilities of competent authorities, the approval and supervision of delegated bodies, official certification, reporting obligations and administrative assistance should be adapted to the specific needs of the organic production sector. Regulation (EU) No XXX/XXX [official controls Regulation] should therefore be amended accordingly.

deleted

Justification

Amendment corresponding to rapporteur's amendment to Article 44.

Amendment    65

Proposal for a regulation

Article 1

Text proposed by the Commission

Amendment

This Regulation establishes the principles of organic production and lays down the rules concerning organic production and the use of indications referring thereto in labelling and advertising.

This Regulation establishes the principles of organic production and the control and certification thereof, and lays down the rules concerning organic production, processing, distribution, controls, and the use of indications referring to organic production in 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.

Justification

The principles and methods for organic production have to be applied through the whole process of organic farming/organic production. Therefore it is important to keep the process based controls in this Regulation. To control only the product which is foreseen for human or animal consumption is not sufficient. This Regulation does also cover the certification of organic and in conversion products.

Amendment    66

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation shall apply to agricultural products listed in Annex I to the Treaty on the Functioning of the European Union (‘the Treaty') and to some other products listed in Annex I to this Regulation, insofar as those agricultural products and those other products are intended to be produced, prepared, distributed, placed on the market, imported or exported as organic.

1. This Regulation shall apply to the following products originating from agriculture, including aquaculture and beekeeping, where such products are, or are intended to be, produced, prepared, labelled, distributed, placed on the Union market, or imported into or exported from the Union as organic:

 

(a) live or unprocessed agricultural products, including seed and other plant reproductive material;

 

(b) processed agricultural products for food;

 

(c) feed;

 

(d) algae and aquaculture animals;

 

(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, placed on the market, imported or exported.

The products of hunting and fishing of wild animals shall not be considered as organic products.

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.)

Amendment    67

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2.This Regulation shall apply to any operator involved in activities, at any stage of production, preparation and distribution, relating to the products referred to in paragraph 1.

2. This Regulation shall apply to any operator involved in activities, at any stage of production, preparation, labelling and distribution, relating to the products referred to in paragraph 1

Mass catering operations carried out by a mass caterer as defined in point (d) of Article 2(2) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council35 shall not be subject to this Regulation.

Mass catering operations carried out by a mass caterer as defined in point (d) of Article 2(2) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council35 shall be subject to this Regulation.

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35 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).

35 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).

Justification

Mass catering has become an important part of the organic market which increasingly supplies public canteens but also restaurants with organic products. It should therefore be covered by this regulation.

Amendment    68

Proposal for a regulation

Article 2 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Member States may apply national rules or, in the absence thereof, private standards on labelling and control of products originating from mass-catering operations.

deleted

Justification

Caterer and restaurants should be under the roof of this Regulation. Big canteens can indicate the use of organic products in meals but there is no obligation on the organic share on the overall mass.

Amendment    69

Proposal for a regulation

Article 2 – paragraph 3

Text proposed by the Commission

Amendment

3. This Regulation shall apply without prejudice to related Union legislation in the fields of inter alia safety of the food chain, animal health and welfare, plant health, and plant reproductive material, and in particular to Regulation (EU) No XX/XXX of the European Parliament and of the Council36 (plant reproductive material) and Regulation (EU) No XX/XXXX of the European Parliament and of the Council37 (protective measures against pests of plants).

3. This Regulation shall apply without prejudice to other Union legislation or national provisions, in conformity with Union law concerning products specified in this Article, such as provisions governing the production, preparation, marketing, labelling and control of those products, and including legislation on foodstuffs and animal nutrition.

__________________

 

36 [full title] (OJ L,…).

 

37 [full title] (OJ L,…).

 

Justification

The above mentioned legislations will not all be already in force when the new organic legislation is adopted.

Amendment    70

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

5. In order to take into account new information on production methods or material or international commitments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending the list of products set out in Annex I. Only products which are closely linked to agricultural products shall be eligible for inclusion in that list.

deleted

Justification

The scope should be the same as under existing Regulation (EC) No 834/2007. Such changes to the basic Regulation should only be possible via the co-decision procedure.

Amendment    71

Proposal for a regulation

Article 3 – point 3

Text proposed by the Commission

Amendment

(3) agricultural raw material means an agricultural product that has not been subjected to any operation of preservation or processing;

(3) 'agricultural raw material' or 'aquaculture raw material' means an agricultural or aquaculture product that has not been subjected to any operation of processing, preparation or preservation;

Amendment    72

Proposal for a regulation

Article 3 – point 4

Text proposed by the Commission

Amendment

(4) 'preventive measures' means measures to be taken in order to ensure soil quality as well as prevention and control of pests and weeds, and to prevent contamination with products or substances that are not authorised under this Regulation;

(4) 'preventive and precautionary measures' means measures to be taken in order to ensure organic production quality as well as preservation of biodiversity and to prevent contamination and commingling with products or substances that are not authorised under this Regulation at all stages of production, preparation and distribution;

Justification

Precautionary measures should go beyond preventive measures and should also be applied to all stages of production in the organic farming system.

Amendment    73

Proposal for a regulation

Article 3 – point 5

Text proposed by the Commission

Amendment

(5) conversion means the transition from non-organic to organic production within a given period of time;

(5) 'conversion' means the transition from non-organic to organic production within a given period of time during which the provisions relating to organic production have been applied;

Amendment    74

Proposal for a regulation

Article 3 – point 7

Text proposed by the Commission

Amendment

(7) ‘group of operators' means a group in which each operator is a farmer 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;

(7) ‘group of operators' means a group fulfilling all of the following conditions:

 

(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 apply to groups of operators from third countries;

Amendment    75

Proposal for a regulation

Article 3 – point 10 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 10 b (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 10 c (new)

Text proposed by the Commission

Amendment

 

(10c) 'mother plant' means an identified plant from which plant reproductive material is taken for reproduction of new plants;

Amendment    78

Proposal for a regulation

Article 3 – point 10 d (new)

Text proposed by the Commission

Amendment

 

(10d) 'generation' means a group of plants constituting a single line of descent of plants;

Amendment    79

Proposal for a regulation

Article 3 – point 10 e (new)

Text proposed by the Commission

Amendment

 

(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;

Amendment    80

Proposal for a regulation

Article 3 – point 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) ‘herbal preparations’ means extracts obtained from certain plants for the purpose of strengthening crops or repelling or eliminating pests and diseases;

Amendment    81

Proposal for a regulation

Article 3 – point 13 b (new)

Text proposed by the Commission

Amendment

 

(13b) ‘biodynamic preparations’ means mixtures traditionally used in biodynamic farming and numbered from 500 to 508;

Amendment    82

Proposal for a regulation

Article 3 – point 16

Text proposed by the Commission

Amendment

(16) ‘veranda’ means an additional, roofed, uninsulated, outdoor part of a livestock building, the longest side being usually equipped with wire fencing or netting with outdoor climate, natural and artificial illumination and a littered floor;

(16) ‘veranda’ means an additional, roofed, uninsulated, outdoor part of a livestock building, the longest side being usually equipped with wire fencing or netting with outdoor climate, natural and, where possible, artificial illumination and a littered floor;

Justification

Where it is provided in a suitable way, natural illumination should be sufficient in a veranda; artificial illumination should not be a compulsory requirement.

Amendment    83

Proposal for a regulation

Article 3 – point 16 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 16 b (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 16 c (new)

Text proposed by the Commission

Amendment

 

(16c) 'broilers' means animals of the Gallus gallus species kept for meat production;

Amendment    86

Proposal for a regulation

Article 3 – point 16 d (new)

Text proposed by the Commission

Amendment

 

(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 areas shall not be regarded as usable areas;

 

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1a Directive 1999/74/EC of the Council of 19 July 1999 laying down minimum standards for the protection of laying hens (OJ L 203, 3.8.1999, p. 53.).

Justification

Provision taken from Article 2.2 (d) of Council Directive 1999/74/EC

Amendment    87

Proposal for a regulation

Article 3 – point 16 f (new)

Text proposed by the Commission

Amendment

 

(16f) 'core indicators' means indicators relating to the direct environmental aspects defined in Regulation (EC) No 1221/2009;

Amendment    88

Proposal for a regulation

Article 3 – point 20

Text proposed by the Commission

Amendment

(20) ’preparation’ means the operations of preserving or processing of organic products, including slaughter and cutting for livestock products, packaging, labelling or alterations made to the labelling relating to organic production;

(20) 'preparation' means the operations of preserving or processing of organic products, including slaughter and cutting for livestock products, packaging, labelling or alterations made to the labelling relating to the organic production method used;

Justification

'Preparation' as defined in Regulation (EC) No 834/2007.

Amendment    89

Proposal for a regulation

Article 3 – point 24

Text proposed by the Commission

Amendment

(24) ’in-conversion feed’ means feed produced during the conversion period, with the exclusion of those harvested in the 12 months following the beginning of the conversion;

(24) 'in-conversion products' means plant products produced during the conversion period, to the exclusion of those harvested in the 12 months following the beginning of the conversion;

Amendment    90

Proposal for a regulation

Article 3 – point 28

Text proposed by the Commission

Amendment

(28) ‘catastrophic circumstances’ means circumstances deriving from an ‘adverse climatic event’, an ‘environmental incident’, a ‘natural disaster’ or a ‘catastrophic event’ as defined respectively in points (h), (j), (k) and (l) of Article 2(1) of Regulation (EU) No 1305/2013;

(28) ‘catastrophic circumstances’ means circumstances deriving from an ‘adverse climatic event’, an ‘environmental incident’, a ‘natural disaster’, an 'animal disease' or a ‘catastrophic event’ as defined respectively in points (h), (i), (j), (k) and (l) of Article 2(1) of Regulation (EU) No 1305/2013;

Amendment    91

Proposal for a regulation

Article 3 – point 33

Text proposed by the Commission

Amendment

(33) ‘control authority’ means control authority for organic production and labelling of organic products as defined in point 39 of Article 2 of Regulation (EU) No XXX/XXXX [Official controls Regulation];

(33) 'control authority' means a public administrative organisation of a Member State to which the competent authority has delegated, in whole or in part, its competence for inspection and certification in the field of organic production and labelling in accordance with the provisions set out in this Regulation. It also includes, where appropriate, the corresponding authority of a third country or the corresponding authority operating in a third country;

Amendment    92

Proposal for a regulation

Article 3 – point 34

Text proposed by the Commission

Amendment

(34) ‘control body’ means a delegated body as defined in point 38 of Article 2 of Regulation (EU) No XXX/XXXX [Official controls Regulation], as well as a body recognised by the Commission or by a third country recognised by the Commission to carry out controls in third countries for the import of organic products into the Union;

(34) 'control body' means an independent private or public third party carrying out inspection and certification in the field of organic production in accordance with the provisions set out in this Regulation. It also includes, where appropriate, the corresponding body of a third country or the corresponding body operating in a third country;

Amendment    93

Proposal for a regulation

Article 3 – point 35 a (new)

Text proposed by the Commission

Amendment

 

(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 refers;

Amendment    94

Proposal for a regulation

Article 3 – point 36

Text proposed by the Commission

Amendment

(36) 'genetically modified organism' means a genetically modified organism as defined in point (2) of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council43 which is not obtained through the techniques of genetic modifications listed in Annex I.B to that Directive, hereinafter referred to as ‘GMO';

(36) 'genetically modified organism' means a genetically modified organism as defined in Directive 2001/18/EC of the European Parliament and of the Council43, hereinafter referred to as ‘GMO';

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43 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).

43 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).

Amendment    95

Proposal for a regulation

Article 3 – point 40 a (new)

Text proposed by the Commission

Amendment

 

(40a) 'engineered nanomaterial' means engineered nanomaterial as defined in point (t) of Article 2(2) of Regulation (EU) No1169/2011;

Amendment    96

Proposal for a regulation

Article 3 – point 41

Text proposed by the Commission

Amendment

(41) ‘equivalence’ means meeting the same objectives and principles by applying rules which ensure the same level of assurance of conformity; ‘processing aid’ means processing aid as defined in point (b) of Article 3(2) of Regulation (EC) No 1333/2008;

(41) 'equivalent', when describing different systems or measures, means that they meet the same objectives and principles by applying rules which ensure the same level of assurance of conformity;

Amendment    97

Proposal for a regulation

Article 3 – point 43

Text proposed by the Commission

Amendment

(43) ‘ionising radiation’ means ionising radiation as defined in Article 1 of Council Directive 96/29/Euratom47.

(43) ‘ionising radiation’ means ionising radiation as defined in Article 1 of Council Directive 96/29/Euratom47 and as regulated by Directive 1999/2/EC of the European Parliament and of the Council47 a;

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47 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).

47 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);

 

47 a Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation (OJ L 66, 13.3.1999, p. 16.)

Justification

A reference should be made to Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation.

Amendment    98

Proposal for a regulation

Article 3 – point 43 a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 43 b (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 43 c (new)

Text proposed by the Commission

Amendment

 

(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;

Justification

The term ‘poultry house’ in the previous regulation is interpreted differently from country to country and in different languages, sometimes as a rearing room in a large building. It should be given a precise and harmonised definition.

Amendment    101

Proposal for a regulation

Article 3 – point 43 d (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 43 e (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 43 f (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Article 3 – point 43 g (new)

Text proposed by the Commission

Amendment

 

(43g) 'pre-packed food' means a pre-packed food as defined in point (f) of Article 2(2) of Regulation (EU) No 1169/2011.

Justification

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.

Amendment    105

Proposal for a regulation

Chapter II – title

Text proposed by the Commission

Amendment

Principles of organic production

Objectives of, and principles for, organic production

Amendment    106

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

 

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 matter and air;

 

– respect high animal welfare standards and, in particular, meet animals' species-specific behavioural needs.

Justification

The chapter should not only deal with the principles but also with the objectives of organic farming, processing and distribution as it was the case under Regulation No 834/2007.

Amendment    107

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

 

 

Organic production is a sustainable management system for agriculture that is based on the following general principles:

Organic production is a sustainable management system that is based on the following general principles:

(a) respect for nature's systems and cycles and sustainment and enhancement of the state of soil, water, air and biodiversity, of the health of plants and animals and of the balance between them;

(a) contribution to protection of the environment, the climate and human health;

(b) contribution to a high level of biodiversity;

(b) contribution to a high level of biodiversity;

(c) responsible use of energy and natural resources, such as water, soil, organic matter and air;

(c) responsible use of energy and natural resources, such as water, soil, organic matter and air;

(d) respect of high animal welfare standards and, in particular, fulfilment of animals’ species-specific behavioural needs;

(d) respect of high animal welfare standards and, in particular, fulfilment of animals’ species-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 management of biological processes based on ecological systems using natural resources which are internal to the system by methods that:

(e) appropriate design and management of biological processes based on ecological systems using natural resources which are internal to the system by methods that:

(i) use living organisms and mechanical production methods;

(i) use living organisms and mechanical production methods;

(ii) practice land-related crop cultivation and livestock production or practice aquaculture which complies with the principle of sustainable exploitation of fisheries;

(ii) practice soil-bound crop cultivation and land-related livestock production or aquaculture which complies with the principle of sustainable fisheries. Additionally, such practices shall be based on the following principles:

 

– 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 GMOs and products produced from or by GMOs with the exception of veterinary medicinal products;

(iii) exclude the use of GMOs and products produced from or by GMOs with the exception of veterinary medicinal products;

(iv) are based on the use of preventive measures, when appropriate;

(iv) are based on risk assessment as defined in Article 3 of Regulation (EC) No 178/2002 and the use of precautionary measures, when appropriate;

(f) restriction of the use of external inputs. Where external inputs are required or the appropriate management practices and methods referred to in point (e) do not exist, these shall be limited to:

(f) restriction of the use of external inputs. Where external inputs are required or the appropriate management practices and methods referred to in point (e) do not exist, these shall be limited to:

(i) inputs from organic production;

(i) inputs from organic production; in the case of plant reproductive material, priority shall be given to varieties selected for their ability to meet the specific needs and objectives of organic farming where available;

(ii) natural or naturally-derived substances;

(ii) natural or naturally-derived substances;

(iii) low solubility mineral fertilisers;

(iii) low solubility mineral fertilisers;

(g) adaptation, where necessary, and within the framework of this Regulation, of the production process, taking account of the sanitary status, regional differences in ecological balance, climate and local conditions, stages of development and specific husbandry practices.

(g) adaptation, where necessary, and within the framework of this Regulation, of the production process, taking account of the sanitary status, regional differences in ecological balance, climate and local conditions, stages of development and specific husbandry practices.

Amendment    108

Proposal for a regulation

Article 5 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) sustaining the health of plants and animals;

Amendment    109

Proposal for a regulation

Article 5 – point h

Text proposed by the Commission

Amendment

(h) exclusion of genetic engineering, animal cloning, artificially induced polyploidy and ionising radiation from the whole organic food chain;

(h) exclusion of animal cloning from the whole organic food chain;

Amendment    110

Proposal for a regulation

Article 5 – point h a (new)

Text proposed by the Commission

Amendment

 

(ha) exclusion of food containing or consisting of artificially engineered nanomaterials;

Amendment    111

Proposal for a regulation

Article 5 – point i

Text proposed by the Commission

Amendment

(i) continuing health of the aquatic environment and the quality of surrounding aquatic and terrestrial ecosystems;

(i) maintenance of biodiversity in natural aquatic ecosystems, and ensuring the continuing health of the aquatic environment and the quality of surrounding aquatic and terrestrial ecosystems in aquaculture production;

Amendment    112

Proposal for a regulation

Article 5 – point j a (new)

Text proposed by the Commission

Amendment

 

(ja) taking account of the local or regional ecological balance when taking production decisions;

Amendment    113

Proposal for a regulation

Article 5 – point j b (new)

Text proposed by the Commission

Amendment

 

(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;

Amendment    114

Proposal for a regulation

Article 6 – title

Text proposed by the Commission

Amendment

Specific principles applicable to the processing of organic food and feed

Specific principles applicable to the processing of organic food

Justification

A distinction should be made between food and feed and both issues should be dealt with in different articles.

Amendment    115

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

Production of processed organic food and feed shall in particular be based on the following specific principles:

Production of processed organic food shall, in particular, be based on the following specific principles:

(a) production of organic food from organic agricultural ingredients;

(a) the production of organic food from organic agricultural ingredients, except where an 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 from organic materials;

 

(c) limitation of the use of food additives, of non-organic ingredients with mainly technological and sensory functions, and of micronutrients and processing aids, so that they are used to a minimum extent and only in cases of essential technological need or for particular nutritional purposes;

(b) restriction of the use of food additives, of non-organic ingredients with mainly technological and sensory functions, and of micronutrients and processing aids, so that they are used to a minimum extent and only in cases of essential technological need or for particular nutritional purposes;

(d) limitation of the use of feed 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 processing methods that might be misleading as regards the true nature of the product;

(c) exclusion of substances and processing methods that might be misleading as regards the true nature of the product;

(f) processing of food or feed with care, preferably through the use of biological, mechanical and physical methods.

(d) processing of food with care, preferably through the use of biological, mechanical and physical methods.

Amendment    116

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

 

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 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.

Amendment    117

Proposal for a regulation

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the entire agricultural holding or aquaculture operation shall be managed in compliance with the requirements applicable to organic production;

(a) the entire agricultural holding or aquaculture operation shall be managed in compliance with this Regulation;

Amendment    118

Proposal for a regulation

Article 7 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) save as otherwise provided in point 2.2 of Part IV and point 1.3 of Part VI of Annex II, only products and substances authorised pursuant to Article 19 may be used in organic agriculture and aquaculture, provided that the product or substance in question has been authorised for use in agriculture and aquaculture, in accordance with the relevant provisions of Union law and, where necessary, in the Member States concerned, in accordance with national provisions based on Union law;

(b) only products and substances authorised pursuant to point 2.2 of Part IV and point 1.3 of Part VI of Annex II for the purposes mentioned in Article 19 may be used in organic agriculture and aquaculture, provided that the product or substance in question has been authorised for use in agriculture and aquaculture, in accordance with the relevant provisions of Union law and, where necessary, in the Member States concerned, in accordance with national provisions based on Union law; the use of products and substances used for purposes other than those mentioned in Article 19 and authorised pursuant to point 2.2 of Part IV and point 1.3 of Part VI of Annex II shall be allowed provided that their use respects the principles laid down in Chapter II;

Amendment    119

Proposal for a regulation

Article 7 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) the use of animal cloning and the rearing of artificially induced polyploid animals is prohibited;

Amendment    120

Proposal for a regulation

Article 7 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(cb) preventive measures shall be taken as appropriate at all stages of production, preparation and distribution;

Amendment    121

Proposal for a regulation

Article 7 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) organic operators other than micro-enterprises, farmers and operators producing seaweed or aquaculture animals, shall put in place an environmental management system with a view to improving their environmental performance.

(d) organic operators other than micro-enterprises, farmers, beekeepers, retailers, and operators producing algae or aquaculture animals, shall improve their environmental performance so as to protect biodiversity and to contribute to climate change mitigation by means such as carbon sequestration, establishing performance targets.

Amendment    122

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure the correct application of the general production rules, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 providing the criteria to which the environmental management system referred to in point (d) of paragraph 1 is to correspond. Those criteria shall take into account the specificities of small and medium size enterprises.

2. In order to ensure the correct application of the general production rules, the Commission shall be empowered to adopt delegated acts in accordance with Article 36, based on the principles set out in Chapter II, laying down the criteria to which the requirements for environmental performance measures taken in organic operations as referred to in point (d) of paragraph 1 are to correspond. Those criteria shall take into account the specificities of small and medium-sized enterprises.

Amendment    123

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

 

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;

 

(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.

 

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.

Amendment    124

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Farmers and operators producing seaweed or aquaculture animals shall respect a conversion period. During the whole conversion period they shall apply the rules on organic production laid down in this Regulation and, in particular, the specific rules on conversion set out in Annex II.

1. Farmers, beekeepers and operators producing algae or aquaculture animals shall respect a conversion period. Throughout the conversion period they shall apply all rules on organic production laid down in this Regulation and, in particular, the specific rules on conversion set out in Annex II.

Justification

Provision taken from Article 17b of Regulation (EC) No 834/2007.

Amendment    125

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

2. The conversion period shall start at the earliest when the farmer or the operator producing seaweed or aquaculture animals has notified his activity to the competent authorities in accordance with this Regulation.

2. The conversion period shall start at the earliest when the farmer or the operator producing algae or aquaculture animals has subjected his holding to the certification and control system and notified his activity to the competent authorities in accordance 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.

Amendment    126

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. No previous period may be recognised retroactively as being part of the conversion period.

deleted

Amendment    127

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. Products produced during the conversion period shall not be marketed as organic.

4. Animals and animal products produced during the conversion period shall not be 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.

Justification

In line with Article 17 (f) and Article 26 on specific labelling requirements of Council Regulation (EC) No 834/2007 as well as with Article 62 of Commission Regulation (EC) No 889/2008.

Amendment    128

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. By way of derogation from Article 7(1)(a), during the conversion period, the agricultural holding may be split into clearly separated units which are not all managed under organic production. As regards livestock, different species shall be involved in organic production during the conversion period. As regards aquaculture, the same species may be involved, provided that there is adequate separation between the production sites. As regards plants, different varieties that can easily be distinguished shall be involved in organic production during the conversion period.

deleted

Amendment    129

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6. In order to ensure quality, traceability and compliance with this Regulation as regards organic production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the rules laid down in this Article or supplementing and amending the rules set out in Annex II as regards conversion.

6. In order to ensure quality, traceability and compliance with this Regulation as regards organic production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the rules laid down in this Article or supplementing the rules set out in Annex II as regards conversion.

Amendment    130

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. For the purposes of paragraph 1, with regard to GMOs or products produced from or by GMOs for food and feed, operators may rely on the labels of a product or any other accompanying document, affixed or provided pursuant to Directive 2001/18/EC, Regulation (EC) No 1829/2003 of the European Parliament and of the Council48 or Regulation (EC) No 1830/2003 of the European Parliament and of the Council49.

2. For the purposes of the prohibition laid down in paragraph 1, with regard to GMOs or products produced from or by GMOs for food and feed, operators shall rely on the labels of a product or any other accompanying document, affixed or provided pursuant to Directive 2001/18/EC, Regulation (EC) No 1829/2003 of the European Parliament and of the Council48 or Regulation (EC) No 1830/2003 of the European Parliament and of the Council49.

__________________

__________________

48 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).

48 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).

49 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).

49 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).

Amendment    131

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

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.

Justification

The use of GMOs is prohibited in organic production therefore operators should be able to prove that they haven't used non organic products which were produced from or by GMOs.

Amendment    132

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators producing plants or plant products shall in particular comply with the specific production rules set out in Part I of Annex II.

1. Operators producing plants or plant products shall in particular comply with the specific production rules set out in Part I of Annex II and with the specific implementing rules laid down in accordance with paragraph 4 of this Article.

Justification

This amendment is linked to the amendments on paragraph 4 from the same authors.

Amendment    133

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. Each Member State shall ensure that a computerised database is established for listing the varieties and heterogeneous material, according to Regulation (EU) No XX/XXX (PRM law) for which plant reproductive material obtained by the organic production method is available on its territory.

2. Each Member State shall ensure that a computerised database is established for indicative listing of varieties including seed potatoes and heterogeneous material, such as populations or open pollinated varieties, meaning that they have not been obtained by controlled pollination of inbred lines for which seeds obtained by the organic production method are available on its national market. The organically bred varieties or heterogeneous material selected for their ability to meet the specific aims and objectives of organic farming shall be clearly identified in the list.

 

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 Directive 98/56/EC1d,

 

(e) Council Directive 1999/105/EC1e,

 

(d) Council Directive 2002/53/EC1f.

 

(e) Council Directive 2002/54/EC1g,

 

(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.

 

________________

 

1a Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298).

 

1b Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309).

 

1c Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15).

 

1d Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).

 

1e Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p. 12).

 

1f Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

 

1g Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, p. 60).

 

1h Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

 

1i Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (OJ L 205, 1.8.2008, p. 28).

 

1j Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 10).

 

1k Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (OJ L 205, 1.8.2008, p. 28).

 

1l Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 10).

Amendment    134

Proposal for a regulation

Article 10 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. In order to ensure quality, traceability and compliance with this Regulation as regards organic plant production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific plant production rules as regards:

3. In order to ensure quality, traceability and compliance with this Regulation as regards organic plant production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the specific plant production rules as regards:

Amendment    135

Proposal for a regulation

Article 10 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) cultivation practices;

deleted

Amendment    136

Proposal for a regulation

Article 10 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) soil management and fertilisation;

(b) soil management and fertilisation, as laid down in points 1.5.4 and 1.5.5 of Part I of Annex II;

Amendment    137

Proposal for a regulation

Article 10 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) plant health and management of pests and weeds;

(c) plant health and management of pests, weeds and diseases, as laid down in point 1.6 of Part I of Annex II;

Amendment    138

Proposal for a regulation

Article 10 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) the origin of plant reproductive material;

deleted

Amendment    139

Proposal for a regulation

Article 10 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f) the collection of wild plants.

(f) the collection of wild plants, as laid down in point 2.2 of Part I of Annex II.

Amendment    140

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall adopt implementing acts laying down the technical details for establishing the database referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).

4. The Commission shall adopt implementing acts laying down:

 

(a) the requirements for specific plants, plant products or plant production systems;

 

(b) the technical details for establishing the database referred to in paragraph 2.

 

(c) the conditions for the implementation of point 1.4.2 of Part I of Annex II.

 

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).

Amendment    141

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Livestock operators shall in particular comply with the specific production rules set out in Part II of Annex II.

1. Livestock operators shall in particular comply with the production rules set out in Part II of Annex II.

Amendment    142

Proposal for a regulation

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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.

Justification

This is a transitional rule for new species.

Amendment    143

Proposal for a regulation

Article 11 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic livestock production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific livestock production rules as regards:

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic livestock production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the specific livestock production rules as regards:

Amendment    144

Proposal for a regulation

Article 11 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the origin of animals;

deleted

Amendment    145

Proposal for a regulation

Article 11 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) livestock housing, including minimum surface areas indoors and outdoors and the maximum number of animals per hectare;

deleted

Amendment    146

Proposal for a regulation

Article 11 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) husbandry practices;

deleted

Amendment    147

Proposal for a regulation

Article 11 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) breeding;

deleted

Amendment    148

Proposal for a regulation

Article 11 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(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

Proposal for a regulation

Article 11 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) disease prevention and veterinary treatment.

(f) disease prevention and veterinary treatment, as laid down in point 2.5.4 of Part II of Annex II.

Amendment    150

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 1a (new)

Text proposed by the Commission

Amendment

 

Those delegated acts shall cover the following species:

 

(a) bovine, ovine and caprine animals;

 

(b) equine animals;

 

(c) porcine animals;

 

(d) poultry;

 

(e) bees.

Amendment    151

Proposal for a regulation

Article 12 – title

Text proposed by the Commission

Amendment

Production rules for seaweed and aquaculture animals

Production rules for algae and aquaculture animals

Amendment    152

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators producing seaweed and aquaculture animals shall in particular comply with the specific production rules set out in Part III of Annex II.

1. Operators producing algae and aquaculture animals shall in particular comply with the production rules set out in Part III of Annex II and with the specific rules laid down in accordance with paragraph 3a of this Article.

Amendment    153

Proposal for a regulation

Article 12 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic seaweed production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific seaweed production rules as regards:

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic algae production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the specific algae production rules as regards:

Amendment    154

Proposal for a regulation

Article 12 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the suitability of the aquatic medium and the sustainable management plan;

deleted

Amendment    155

Proposal for a regulation

Article 12 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) seaweed cultivation;

(c) algae cultivation, including for different species of algae;

Amendment    156

Proposal for a regulation

Article 12 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. In order to ensure quality, traceability and compliance with this Regulation as regards organic aquaculture animals production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific production rules for aquaculture animals as regards:

3. In order to ensure quality, traceability and compliance with this Regulation as regards organic aquaculture animals 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 aquaculture animals, including for specific aquaculture species, as regards:

Amendment    157

Proposal for a regulation

Article 12 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the suitability of the aquatic medium and the sustainable management plan;

deleted

Amendment    158

Proposal for a regulation

Article 12 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the origin of aquaculture animals;

(b) the origin of aquaculture animals for each particular species, as laid down in point 4.1.2 of Part III of Annex II;

Amendment    159

Proposal for a regulation

Article 12 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) aquaculture husbandry, including aquatic containment systems, production systems, maximum stocking density and, where appropriate, minimum stocking density;

(c) housing conditions and husbandry practices, as laid down in points 4.1.5 and 4.2.2 of Part III of Annex II;

Amendment    160

Proposal for a regulation

Article 12 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) breeding;

deleted

Amendment    161

Proposal for a regulation

Article 12 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) management of aquaculture animals;

(e) management of molluscs, as laid down in point 4.2.4 of Part III of Annex II;

Amendment    162

Proposal for a regulation

Article 12 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(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

Proposal for a regulation

Article 12 – paragraph 3 – point g

Text proposed by the Commission

Amendment

(g) disease prevention and veterinary treatment.

(g) disease prevention and veterinary treatments, as laid down in point 4.1.4 of Part III of Annex II.

Amendment    164

Proposal for a regulation

Article 12 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

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).

Amendment    165

Proposal for a regulation

Article 13 – title

Text proposed by the Commission

Amendment

Production rules for processed food and feed

Production rules for processed feed

Justification

Production rules for food and feed are different because they are based on different horizontal Regulations. They should therefore be kept separate. This explains also the deletions in the following amendments on article 13.

Amendment    166

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators producing processed food and feed shall in particular comply with the specific production rules set out in Part IV of Annex II.

1. Operators producing processed feed shall comply with the production rules set out in Part IV of Annex II.

Justification

Operators should also comply with the gereral production rules set out in Part IV of Annex II.

Amendment    167

Proposal for a regulation

Article 13 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic processed food and feed production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific production rules for processed food and feed as regards:

2. 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 specific production rules for processed feed as regards:

Amendment    168

Proposal for a regulation

Article 13 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) procedures to be followed;

deleted

Amendment    169

Proposal for a regulation

Article 13 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) preventive measures to be taken;

(b) precautionary and preventive measures to be taken;

Amendment    170

Proposal for a regulation

Article 13 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) the composition and conditions of use of processed food and feed, including products and substances allowed for use in processed food and feed;

deleted

Amendment    171

Proposal for a regulation

Article 13 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) cleaning measures;

deleted

Amendment    172

Proposal for a regulation

Article 13 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) the placing on the market of processed products including their labelling and identification;

deleted

Amendment    173

Proposal for a regulation

Article 13 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) separation of organic products, agricultural ingredients and feed materials from non-organic products, agricultural ingredients and feed materials;

deleted

Amendment    174

Proposal for a regulation

Article 13 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) the list of non-organic agricultural ingredients which may exceptionally be used for the production of organic processed products;

deleted

Amendment    175

Proposal for a regulation

Article 13 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) calculation of the percentage of agricultural ingredients referred to in Article 21(3)(a)(ii) and (b);

deleted

Amendment    176

Proposal for a regulation

Article 13 – paragraph 2 – point i

Text proposed by the Commission

Amendment

(i) techniques used in food or feed processing.

(i) techniques used in feed processing.

Amendment    177

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission

Amendment

 

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 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;

 

(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.

Amendment    178

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic wine production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific wine production rules as regards oenological practices and restrictions.

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic wine production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the specific wine production rules as regards oenological practices and restrictions, as laid down in points 3.2, 3.3, 3.4 and 3.5 of Part V of Annex II.

Amendment    179

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic yeast production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the specific yeast production rules as regards the processing and the substrates used.

2. In order to ensure quality, traceability and compliance with this Regulation as regards organic yeast production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the specific yeast production rules, as laid down in point 1.3 of Part VI of Annex II.

Amendment    180

Proposal for a regulation

Article 16

Text proposed by the Commission

Amendment

In order to take account of any future need to have specific production rules for products other than those referred to in Articles 10 to 15, and in order to ensure quality, traceability and compliance with this Regulation as regards organic production of those additional other products and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing Annex II with regard to specific production rules for those products.

Where this Regulation does not lay down detailed production rules for certain animal species, certain aquatic plants and certain micro algae, national rules or, in the absence thereof, private standards recognised by the Member States shall apply pending the inclusion of detailed production rules in this Regulation. Such national rules or private standards shall be notified to the Commission. The rules laid down in Chapter IV in respect of labelling, and in Chapter V in respect of controls and certification, shall apply accordingly.

Amendment    181

Proposal for a regulation

Article 17

Text proposed by the Commission

Amendment

In order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in Chapter II, the Commission shall be empowered to adopt delegated 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, on monitoring and on reporting requirements.

1. In order to allow organic production to continue or recommence in the event of circumstances resulting from an adverse climatic event, an animal pandemic, a plant disease or pest, an environmental incident or a natural disaster, competent authorities may grant individual authorisations for exceptions, subject to the following:

 

(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 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.

Amendment    182

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure the integrity of organic production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 amending or supplementing the rules set out in Annex III.

2. In order to ensure the integrity of organic production and adaptation to technical developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the rules set out in points 2, 3, 4 and 6 of Annex III.

Amendment    183

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) as plant protection products;

(a) as plant protection products throughout the European Union or in one or more of the zones defined in Annex I to Regulation (EC) No 1107/2009;

Justification

In line with the cross-cutting provisions on the authorisation of plant protection products in Regulation 1107/2009, zoning in southern, central and northern Europe should be possible under this regulation, too, so that account can be taken of the considerable ecological and climatic differences within the EU. To rule out abuse, enhanced ecological sustainability must be a requirement for zonal authorisation.

Amendment    184

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) as substances for use for the purposes of animal health other than those mentioned under points (d) and (e);

Justification

This "headline" offers the possiblity to create new lists of substances if needed e.g. on substances used as veterinary medicine.

Amendment    185

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) as non-therapeutic medicines and products which contribute to animal health and animal welfare.

Justification

As an alternative to the surgical castration of piglets, for example, immunological prevention of boartaint should be possible.

Amendment    186

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

In particular, the Commission may authorise certain products and substances for use in the production of organic processed food and include them in restricted lists, for the following purposes:

In particular, the Commission shall authorise certain products and substances for use in the production of organic processed food and include them in restricted lists, for the following purposes:

Amendment    187

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(a) as food additives, food enzymes and processing aids;

(a) as food additives, food enzymes, processing aids, flavours, preparations of micro-organisms, minerals, trace elements, vitamins, amino acids and micro-nutrients;

Justification

This amendment aims to clarify which substances may be used as food additives.

Amendment    188

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) as products and substances for oenological practices;

Amendment    189

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) as products for cleaning and disinfection in processing and storage facilities.

Amendment    190

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 1 – point c – point ii a (new)

Text proposed by the Commission

Amendment

 

(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;

Justification

In line with the cross-cutting provisions on the authorisation of plant protection products in Regulation 1107/2009, zoning in southern, central and northern Europe should be possible under this regulation, too, so that account can be taken of the considerable ecological and climatic differences within the EU. To rule out abuse, enhanced ecological sustainability must be a requirement for zonal authorisation.

Amendment    191

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 1 – point e – introductory part

Text proposed by the Commission

Amendment

(e) in the case of products referred to in points (c) and (d) of the first subparagraph of paragraph 1, the following shall apply:

(e) in the case of products referred to in points (c), (d) and (da) of the first subparagraph of paragraph 1, the following shall apply:

Amendment    192

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(a) alternatives authorised in accordance with this Article are not available;

(a) alternative substances authorised in accordance with this Article or technologies compliant with this Regulation are not available;

Amendment    193

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

The authorisation of the use of chemically synthesised products or substances shall be strictly limited to cases where the use of external inputs referred to in Article 4(f) would contribute to unacceptable environmental impacts.

The authorisation of products and substances not covered by point (f) of Article 4 shall be strictly limited to cases where the use of external inputs referred to in point (f) of Article 4 would contribute to unacceptable impacts on the environment, animal or human health or product quality.

Justification

The authorisation shall not only be strictly limited to chemically synthesised substances but also to other substances which are not covered under Article 4(f).

Amendment    194

Proposal for a regulation

Article 19 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

Requests for amendment or withdrawal shall be published by Member States.

The dossier in respect of amendment or withdrawal shall be published by Member States and by the Commission.

Justification

Requests for changes in the lists of substances should be made more  transparent than in the past.

Amendment    195

Proposal for a regulation

Article 19 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Commission shall review the lists referred to in paragraph 1 every four years.

Justification

Up to now, few lists are updated regulary, which implies that operators are not informed adequately.

Amendment    196

Proposal for a regulation

Article 19 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall adopt implementing acts authorising or withdrawing the authorisation of products and substances that may be used in organic production in general and products and substances that may be used in the production of processed organic food in particular, and establishing the procedures to be followed for the authorisation and the lists of those products and substances and, where appropriate, their description, compositional requirements and conditions for use. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).

5. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 authorising or withdrawing the authorisation of products and substances that may be used in organic production in general and products and substances that may be used in the production of processed organic food in particular, and establishing the procedures to be followed for the authorisation and the lists of those products and substances and, where appropriate, their description, compositional requirements and conditions for use.

Amendment    197

Proposal for a regulation

Article 20

Text proposed by the Commission

Amendment

Article 20

deleted

Presence of non-authorised products or substances

 

1. Products in which the presence of products or substances that have not been authorised in accordance with Article 19 is detected beyond the levels established taking account in particular of Directive 2006/125/EC, shall not be marketed as organic.

 

2. In order to ensure the effectiveness, efficiency and transparency of the organic production and labelling system, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 regarding the specific criteria and conditions for the application of the levels referred to in paragraph 1 and regarding the establishment of those levels and their adaptation in the light of technical developments.

 

3. By way of derogation from Article 211(1) of Regulation (EU) No 1308/2013, and subject to an authorization by the Commission adopted without applying the procedure referred to in Article 37(2) or (3) of this Regulation, Member States may grant national payments to compensate farmers for the losses they have incurred due to the contamination of their agricultural products by non-authorised products or substances which prevents them from marketing those products as organic provided that the farmers have taken all appropriate measures to prevent the risk of such contamination. Member States may also use the instruments of the Common Agricultural Policy to cover totally or partially such losses.

 

Amendment    198

Proposal for a regulation

Article 20 a (new)

Text proposed by the Commission

Amendment

 

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 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 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.

 

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

Proposal for a regulation

Article 20 b (new)

Text proposed by the Commission

Amendment

 

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 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.

 

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 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

Proposal for a regulation

Article 20 c (new)– paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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 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.

Justification

Inseparable from the previous amendment by the same authors. The Member States must provide the Commission with the results of their investigations every year, and on the basis of these the Commission shall submit a report accompanied, where appropriate, by a legislative proposal establishing the Community declassification thresholds and means of compensation for producers in the inevitable event of contamination.

Amendment    201

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purposes of this Regulation, a product shall be regarded as bearing terms referring to organic production where, in the labelling, advertising material or commercial documents, such a product, its ingredients or feed materials are described in terms suggesting to the purchaser that the product, its ingredients or feed materials have been obtained in accordance with this Regulation. In particular, the terms listed in Annex IV, their derivatives or diminutives, such as ‘bio' and 'eco', alone or combined, may be used throughout the Union and in any language listed in that Annex for the labelling and advertising of products which comply with this Regulation.

1. For the purposes of this Regulation, a product shall be regarded as bearing terms referring to organic production where, in the labelling, advertising material or commercial documents, such a product, its ingredients, feed materials or any input part of the chain of the organic product, are described in terms suggesting to the purchaser that the product, its ingredients, feed materials or any part of the chain of the organic product, have been obtained in accordance or in compliance with this Regulation. In particular, the terms listed in Annex IV or their equivalents in other languages which are not official languages of the Union but the status of which is officially recognised by the constitution of a Member State, their derivatives or diminutives, such as ‘bio' and 'eco', alone or combined, may be used throughout the Union and in any language listed in that Annex for the labelling and advertising of products referred to in Article 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.

Amendment    202

Proposal for a regulation

Article 21 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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 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

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

3. As regards processed food, the terms referred to in paragraph 1 may be used:

3. As regards processed food, the terms referred to in paragraph 1 shall be used:

Amendment    204

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) only in the list of ingredients, where less than 95% of agricultural ingredients are organic and provided that those ingredients comply with the production rules set out in this Regulation.

(b) only in the list of ingredients, where less than 95% of agricultural ingredients are organic and provided that the food in question complies with the production rules set out in this Regulation.

Justification

This amendment is needed to avoid that conventional or non organic processes and substances are associated with the use of the term 'organic '.

Amendment    205

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

 

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.

Amendment    206

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the Commission

Amendment

4. In order to provide clarity for 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 concerning adaptation of the list of terms set out in Annex IV, taking into account linguistic developments within the Member States and concerning the establishment of specific labelling and compositional requirements applicable to feed and ingredients thereof.

4. In order to provide clarity for 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 concerning adaptation of the list of terms set out in Annex IV, taking into account linguistic developments within the Member States.

Amendment    207

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Where the organic production logo of the European Union is used, an indication of the place where the agricultural raw materials of which the product is composed have been farmed shall also appear in the same visual field as the logo and shall take one of the following forms, as appropriate:

With the exception of products from the wine sector as referred to in point (l) of Article 1(2) of Regulation (EU) No 1308/2013, where the organic production logo of the European Union is used, an indication of the place where the agricultural raw materials of which the product is composed have been farmed shall also appear in the same visual field as the logo and shall take one of the following forms, as appropriate:

Justification

Pursuant to Article 55 of Regulation (EC) 607/2009, the obligation to indicate the origin of raw materials on the label is already being applied for all European wines, whether they are produced with or without a geographical indication. In order to reduce the administrative burden and extra costs connected with labelling, it is proposed that this redundant obligation be discontinued in the case of these products.

Amendment    208

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

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.

The indication ‘EU’ or ‘non-EU’ may be supplemented by the name of a country or region if all agricultural raw materials of which the product is composed have been farmed in that country or region.

Amendment    209

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission

Amendment

3. The indications referred to in paragraphs 1 and 2 of this Article and in Article 23(3) shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and indelible.

3. The indications referred to in paragraphs 1 and 2 of this Article and in Article 23(3) shall be printed in a conspicuous place in such a way as to be easily visible and clearly legible, and shall not obscure the mandatory indications laid down in Article 9(1) of Regulation (EU) No 1169/2011.

Amendment    210

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c) the indication of the place where the agricultural raw materials have been farmed, in accordance with paragraph 2 of this Article and Article 232(3).

(c) the indication of the place where the agricultural raw materials have been farmed, in accordance with paragraph 2 of this Article and Article 23(3).

Justification

Typing error in Commission proposal.

Amendment    211

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. The organic production logo of the European Union may be used in the labelling, presentation and advertising of products which comply with this Regulation.

1. The organic production logo of the European Union may be used in the labelling, presentation and advertising of products which comply with this Regulation, including 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.

Amendment    212

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2. The organic production logo of the European Union is an official attestation in accordance with Articles 85 and 90 of Regulation (EU) No XXX/XXXX [Official controls Regulation].

deleted

Justification

If the organic production logo is an official attestation, this might create further administrative burden for operators in a future approval process.

Amendment    213

Proposal for a regulation

Chapter V – title

Text proposed by the Commission

Amendment

Organic certification

Organic controls and certification

Amendment    214

Proposal for a regulation

Article 23 a (new)

Text proposed by the Commission

Amendment

 

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 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;

 

(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;

 

(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;

 

(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:

 

(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 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.

Amendment    215

Proposal for a regulation

Article 24

Text proposed by the Commission

Amendment

[...]

deleted

Amendment    216

Proposal for a regulation

Article 24 a (new)

Text proposed by the Commission

Amendment

 

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 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.

 

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).

 

________________

 

1a 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).

Amendment    217

Proposal for a regulation

Article 25 – title

Text proposed by the Commission

Amendment

Organic certificate

Certificate

Justification

The certificate confirms that the production complies with the rules set in this Regulation. Production complying with the rules is not organic from the beginning of the production process, during the conversion period. The word ‘organic’ may confuse the sector and consumers.

Amendment    218

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators and groups of operators that have notified their activity in accordance with Article 24(1) and comply with this Regulation shall be entitled to be provided with an organic certificate. The organic certificate, issued in electronic form wherever possible, shall at least allow the identification of the operator or group of operators, the type or range of products covered by the certificate and its period of validity.

1. Operators and groups of operators that have notified their activity and submitted their undertaking to the control system in accordance with Article 24a(1) and that comply with this Regulation shall be entitled to be provided with an organic certificate. The organic certificate, issued in electronic form wherever possible, shall at least allow the identification of the operator or group of operators, the type or range of products covered by the certificate and its period of validity.

Amendment    219

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. The organic certificate is an official certification within the meaning of Articles 85 and 86 of Regulation (EU) No XXX/XXX (Official controls Regulation).

deleted

Justification

Private and public/private sytems of certification should be possible (compare ISO 17065)

Amendment    220

Proposal for a regulation

Article 25 – paragraph 3

Text proposed by the Commission

Amendment

3. Operators and groups of operators shall not be entitled to be provided with an organic certificate by different control authorities or control bodies for the same group of products, including when those operators and groups of operators engage in different stages of production, preparation and distribution.

3. Operators and groups of operators shall not be entitled to be provided with an organic certificate by different control bodies for activities carried out in one Member State, as regards the same group of products, including when those operators and groups of operators engage in different stages of production, preparation and distribution.

Justification

The rapporteur proposes to define the "groups of products" in a new Annex Vd based on Annex XII of former Regulation (EC) No 889/2008. Defining the groups of products in annex also removes the need for a delegated act under paragraph (6).

Amendment    221

Proposal for a regulation

Article 25 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

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.

Justification

See amendment to paragraph (3): the rapporteur proposes to define the "groups of products" in a new Annex Vd based on Annex XII of former Regulation (EC) No 889/2008.

Amendment    222

Proposal for a regulation

Article 25 – paragraph 6

Text proposed by the Commission

Amendment

6. In order to ensure the effectiveness, efficiency and transparency of the organic production and labelling system, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the criteria for defining the groups of products referred to in paragraph 3.

deleted

Amendment    223

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. Deficiencies in the set-up or functioning of the system for internal controls referred in to paragraph 1, in particular as regards failures to detect or address non-compliance by individual members of the group of operators that affect the integrity of organic products, may result in the withdrawal of the organic certification for the whole group.

2. Deficiencies in the set-up or functioning of the system for internal controls referred to in paragraph 1, in particular as regards failures to detect or address non-compliance by individual members of the group of operators that affect the integrity of organic products, shall result in the withdrawal of the organic certificate referred to in Article 25 for the whole group.

Amendment    224

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

3. In order to ensure the effective and efficient functioning of the certification of a group of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the responsibilities of the individual members of a group of operators, the composition and dimension of a group of operators, the categories of products to be produced by a group of operators, the conditions for participation in a group of operators, 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.

3. The criteria for group certification of groups of operators are set out in Annex Ve.

Amendment    225

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission may adopt implementing acts concerning 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).

deleted

Justification

These provisisons are covered in a general article on infringements and subsequent communication of information from the existing Regulation and have been reintroduced into a new Article 26a on measures in case of non-compliance, applying to individual operators as well as groups.

Amendment    226

Proposal for a regulation

Article 26 a (new)

Text proposed by the Commission

Amendment

 

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 Article, are prohibited from marketing products which refer to organic production, and that their organic certificate is suspended or withdrawn as appropriate.

Amendment    227

Proposal for a regulation

Article 26 b (new)

Text proposed by the Commission

Amendment

 

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 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

Proposal for a regulation

Article 26 c (new)

Text proposed by the Commission

Amendment

 

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;

 

(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 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.

Justification

Rules specific to organics should be in the Organic Regulation and amendable through that Regulation only. Consequently, corresponding delegated powers should also be defined in this Regulation. Therefore these provisions have been moved here from Article 44 of the Commission proposal amending Article 23, points 2 and 3 of the Official Controls Regulation.

Amendment    229

Proposal for a regulation

Article 26 d (new)

Text proposed by the Commission

Amendment

 

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.

Amendment    230

Proposal for a regulation

Article 27

Text proposed by the Commission

Amendment

Article 27

deleted

Export of organic products

 

1. A product may be exported from the Union as organic and bear the organic production logo of the European Union if it complies with this Regulation.

 

However, a product intended to be exported as organic to a third country which is recognised in accordance with Article 31 may be exported to that third country if it complies with that third country’s requirements to be placed on the market in that third country as organic.

 

2. In order to avoid creating unequal conditions for operators when exporting to third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning specific rules for exports of organic products to a third country which is recognised in accordance with Article 31.

 

3. In order to ensure fair competition among operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning documents intended for customs authorities in third countries, in particular as regards an organic export certificate issued in electronic form wherever possible and providing assurance that exported organic products comply with this Regulation.

 

Justification

There should be no difference between standards applied in the EU Regulation and standards applied for products which are exported to Third countries.

Amendment    231

Proposal for a regulation

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

1. A product may be imported from a third country in order to be placed on the market within the Union as organic if the following conditions are met:

1. A product may be imported from a third country in order to be placed on the market within the Union as organic or as a plant product in conversion if the following conditions are met:

(a) the product is an organic product as referred to in Article 2(1);

(a) the product is an organic product as referred to in Article 2(1);

(b) the product:

(b) the product:

(i) complies with Chapters II, III and IV and all operators, including the exporters in the third country concerned, have been subject to the control of control authorities or control bodies recognised in accordance with Article 29; or

(i) complies with Chapters II, III and IV and with all relevant implementing rules and all operators, including groups of operators, and exporters in the third country concerned, have been subject to the control of control authorities or control bodies recognised in accordance with Article 29 and the product, upon being imported, is provided by those authorities or control bodies with a certificate of inspection confirming that all operators and their products are in compliance with this Regulation; or

(ii) comes from a third country which is recognised in accordance with:

(ii) comes from a third country which is recognised in accordance with:

– Article 30; or

– Article 30; or

– Article 31;

– Article 31;

(c) the operators in third countries are able to provide at any time, to the importers or the national authorities information allowing the identification of the operator who carried out the last operation with a view to ensuring the traceability of the organic product.

(c) the exporters in third countries are able to provide at any time, to their control bodies, the importers and the national authorities, information enabling all operators who carried out operations to be identified, including the respective control authority or control body, with a view to ensuring the traceability of the organic product back to all operators involved. The exporters shall make such information available to the control bodies or control authorities of the importers.

 

After (a date, to be inserted which corresponds to 5 years following the date of application of this Regulation), by way of derogation from point (b)(i) of the first subparagraph, when a 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

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure the traceability of the imported products intended to be placed on the market within the Union as organic, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning documents, issued in electronic form wherever possible, that are necessary for the purposes of import.

2. In order to ensure the traceability of the imported products intended to be placed on the market within the Union as organic and their compliance with this Regulation, the Commission shall adopt implementing acts laying down specific rules for the content of the certificates referred to in paragraph 1 and the procedure to be followed for the establishment and control of those certificates, in particular concerning the role of the competent authorities, control authorities and control bodies, and the possibility of taking regional differences into account in balancing ecological, climate and local conditions, as well as practical conditions regarding specific production matters.

 

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).

Justification

The shift from equivalence to compliance for products coming from third countries that are not identified under the terms of a trade agreement will improve the understandability and clarity of conditions governing imports and will reduce the administrative burden. Nonetheless, it is appropriate to plan the implementation of acts in order to take account of the specificities, particularly from an agronomic point of view, of different production sectors.

Amendment    233

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The provisions relating to Commission supervision in third countries shall be strengthened. It is also important to strengthen supervision and controls in equivalence agreements with third countries.

Amendment    234

Proposal for a regulation

Article 28 – paragraph 3

Text proposed by the Commission

Amendment

3. The respect of the conditions and measures for the import of organic products into the Union shall be ascertained at border control posts, in accordance with Article 45(1) of Regulation (EU) No XXX/XXX (Official controls regulation). The physical checks referred to in Article 47(3) of that Regulation shall be performed at a frequency dependent on the risk of non-compliance with this Regulation.

3. The respect of the conditions and measures for the import of organic products into the Union shall be ascertained by the control provisions laid down in Chapter V and at border control posts, in accordance with Article 45(1) of the Official controls Regulation.

Amendment    235

Proposal for a regulation

Article 29 – title

Text proposed by the Commission

Amendment

Recognition of control authorities and control bodies

Recognition of control bodies

Amendment    236

Proposal for a regulation

Article 29 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.

(b) an accreditation body outside the Union that is a signatory to a multilateral recognition arrangement for product certification under the auspices of the International Accreditation Forum or its regional bodies, and which has proven competence in the accreditation of organic certification.

Amendment    237

Proposal for a regulation

Article 29 – paragraph 7

Text proposed by the Commission

Amendment

7. In order to ensure the transparency of the recognition and supervision procedures, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the criteria to be applied to the recognition, or the withdrawal of the recognition, of the control authorities and control bodies referred to in paragraph 1, as well as concerning the exercise of the supervision by the Commission, including through on-the-spot examination.

7. In order to ensure the transparency of the recognition and supervision procedures, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 supplementing the criteria to be applied to the recognition, or the withdrawal of the recognition, of the control bodies referred to in paragraph 1, as well as laying down provisions concerning the exercise of the supervision by the Commission, including through on-the-spot examinations. In the event that serious or repeated infringements of the rules governing inspection and certification are detected, recognition of the control bodies concerned shall be immediately withdrawn, in the third countries concerned as well as throughout the Union market, in respect of national accreditation bodies established in the Union in accordance with Regulation (EC) No 765/2008.

Justification

A sanction should be provided for in case of repeated intentional infringements committed by accreditation bodies.

Amendment    238

Proposal for a regulation

Article 29 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

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

Proposal for a regulation

Article 29 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

 

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

Proposal for a regulation

Article 29 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission may adopt implementing acts to ensure the application of measures in relation to cases of non-compliance affecting the integrity of organic products imported under the recognition provided for in this Article or suspicion of such cases. Such measures may consist in particular in the verification of the integrity of the organic products before placing the products on the market within the Union and, where appropriate, the 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).

8. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the application of measures in relation to cases of non-compliance affecting the integrity of organic products imported under the recognition provided for in this Article or suspicion of such cases. Such measures may consist in particular in the verification of the integrity of the organic products before placing the products on the market within the Union and, where appropriate, the suspension of the authorisation of placing on the market within the Union of such products as organic.

Amendment    241

Proposal for a regulation

Article 29 – paragraph 9

Text proposed by the Commission

Amendment

9. On duly justified imperative grounds of urgency relating to the protection against unfair practices or practices which are incompatible with the principles and rules on organic production, the protection of consumers' confidence or the protection of fair competition between operators, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 37(3) to take the measures referred to in paragraph 8 of this Article or to decide on the withdrawal of the recognition of the control authorities and control bodies referred to in paragraph 1 of this Article.

9. On duly justified imperative grounds of urgency relating to the protection against unfair practices or practices which are incompatible with the principles and rules on organic production, the protection of consumers' confidence or the protection of fair competition between operators, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 37(3) to decide on the withdrawal of recognition of the control authorities and control bodies referred to in paragraph 1 of this Article.

Amendment    242

Proposal for a regulation

Article 30 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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, 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.

Amendment    243

Proposal for a regulation

Article 31 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

A recognised third country referred to in the second indent of Article 28(1)(b)(ii) is a third country which has been recognised for the purpose of equivalence under Article 33(2) of Regulation (EC) No 834/2007, including those recognised under the transitional measure provided for in Article 40.

A recognised third country as referred to in point (b)(ii) of the first subparagraph of Article 28(1) is a third country which has been recognised for the purposes of equivalence under Article 33(2) of Regulation (EC) No 834/2007.

Amendment    244

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. On the basis of annual reports to be sent to the Commission, by 31 March of each year, by the third countries referred to in paragraph 1 regarding the implementation and enforcement of the control measures established by them, the Commission assisted by the Member States shall ensure appropriate supervision of the recognised third countries by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of non-compliance.

2. On the basis of annual reports to be sent to the Commission, by 31 March of each year, by the third countries referred to in paragraph 1 regarding the implementation and enforcement of the control measures established by them, and in the light of any other information received, the Commission, assisted by the Member States, shall ensure appropriate supervision of the recognised third countries by annually reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of non-compliance, taking into account in particular the volume of exports to the Union from the third country concerned, the results of the monitoring and supervisory activities carried out by the competent authority and the results of previous controls. The Commission shall regulary report to the European Parliament and the Council on the outcome of its review.

Amendment    245

Proposal for a regulation

Article 31 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission may adopt implementing acts to ensure the application of measures in relation to cases of non-compliance affecting the integrity of organic products imported from third countries referred to in this Article or suspicion of such cases. Such measures may consist in particular in the verification of the integrity of the organic products before placing the products on the market within the Union and, where appropriate, the 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).

6. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the application of common measures and procedures for the imposition of sanctions in relation to cases of non-compliance, or suspected non-compliance, affecting the status of organic products imported from third countries referred to in this Article. Such measures may consist, in particular, in verification of the status of the organic products before they are placed on the market within the Union and, where appropriate, suspension of the authorisation to place them on the market within the Union as organic products.

Justification

Such provisions should be adopted via delegated acts with a view to ensure harmonised measures throughout the EU.

Amendment    246

Proposal for a regulation

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure the proper functioning of the single market and trade between Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 laying down rules relating to the free movement of organic products for the purposes of paragraph 1 of this Article.

deleted

Amendment    247

Proposal for a regulation

Article 33 – title

Text proposed by the Commission

Amendment

Information relating to the organic sector and trade

Information relating to the organic sector

Amendment    248

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Each year Member States shall transmit to the Commission the information necessary for the implementation and monitoring of the application of this Regulation.

1. Each year Member States shall transmit to the Commission the relevant statistical data for the implementation and monitoring of the application of this Regulation. Those data shall be defined within the context of the European Statistical programme.

Justification

The information requested must be delimited in the basic act (e.g. trade data). Should new and trustful data be required to operators, the obligation of providing it to the Member States must be established in the basic act.

Amendment    249

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall adopt implementing acts as regards the system to be used for transmitting the information referred to in paragraph 1, the details of information to be transmitted, and the date by which that information is to be transmitted. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the system to be used for transmitting the information referred to in paragraph 1, the details of information to be transmitted, and the date by which that information is to be transmitted.

Amendment    250

Proposal for a regulation

Article 35

Text proposed by the Commission

Amendment

By 31 December 2021, the Commission shall present a report to the European Parliament and the Council on the availability of organic plant reproductive material and animals for breeding purposes.

1. By 31 December 2020, the Commission shall present a report to the European Parliament and the Council based on a foresight study including data collected and analysis carried out in all Member States, and dealing specifically with the following items:

 

(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;

 

– specific data on the availability of organic plant reproductive material and feed;

 

– specific data on the availability of animals for breeding purposes;

 

– 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.

 

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.

 

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.

Amendment    251

Proposal for a regulation

Article 39

Text proposed by the Commission

Amendment

Article 39

deleted

Transitional measures relating to conversion to organic farming

 

In order to ensure a smooth transition from the old to the new legal framework, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning rules providing for a derogation from Article 8(3) in relation to conversion periods for farmers initiating conversion before the entry into force of this Regulation.

 

Justification

Transitional measures included in this Article are no longer necessary due to amendments made to Article 8 on conversion.

Amendment    252

Proposal for a regulation

Article 39 a (new)

Text proposed by the Commission

Amendment

 

Article 39a

 

Transitional measures

 

1. Where necessary, measures 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 are introduced;

 

(b) The conditions are decided by delegated acts in the organic EU Regulation;

 

(c) The conditions should protect operators against risk of market distortion and avoid confusion about the identity or profile of organic products amongst consumers.

 

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

Proposal for a regulation

Article 40

Text proposed by the Commission

Amendment

Article 40

deleted

Transitional measures relating to the origin of plant reproductive material, animals for breeding purposes and young stock of aquaculture animals

 

In order to ensure a smooth transition between the rules on organic origin of plant reproductive material provided for in Article 12(1)(i) of Regulation (EC) No 834/2007 and on animals for breeding purposes provided for in Article 14(1)(a)(ii) of that Regulation and on young stock of aquaculture animals provided for in Article 15(1)(a)(ii) of that Regulation and the exception to production rules that the Commission adopted pursuant to Article 22 of Regulation (EC) No 834/2007, and the new production rules for plants and plant products and livestock and seaweed and aquaculture animals provided for in Articles 10(1) and 11(1), respectively, of this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 providing for exceptions where granting exceptions is deemed necessary in order to ensure access to plant reproductive material and live animals for breeding purposes and young stock of aquaculture animals, that may be used in organic production. The delegated acts adopted under this Article shall cease to apply on 31 December 2021.

 

Justification

Transitional measures included in this Article are no longer necessary given new text added to Articles 10 and 11 and new by provisions included in the relevant Annexes.

Amendment    254

Proposal for a regulation

Article 44

Text proposed by the Commission

Amendment

[...]

deleted

Justification

Controls covered by new Article 23a.

Amendment    255

Proposal for a regulation

Annex I – indent 1

Text proposed by the Commission

Amendment

– yeasts used as food or feed,

deleted

Justification

This is already covered by Article 1.

Amendment    256

Proposal for a regulation

Annex I – indent 2

Text proposed by the Commission

Amendment

– beer,

deleted

Justification

This is already covered by the definition of food.

Amendment    257

Proposal for a regulation

Annex I – indent 4

Text proposed by the Commission

Amendment

– extracts, essences and concentrates of coffee, tea and maté and preparations with a basis of those products or with a basis of coffee, tea and maté; roasted chicory and other roasted coffee subsitutes, and extracts, essences and concentrates thereof,

deleted

Justification

This is already covered by the definition of food.

Amendment    258

Proposal for a regulation

Annex I – indent 5

Text proposed by the Commission

Amendment

– fruit nectars,

deleted

Justification

This is already covered by the definition of food.

Amendment    259

Proposal for a regulation

Annex I – indent 6

Text proposed by the Commission

Amendment

– cocao paste, butter, fat, oil and powder; chocolate, and other food preparations containing cocoa,

deleted

Justification

This is already covered by the definition of food.

Amendment    260

Proposal for a regulation

Annex I – indent 7

Text proposed by the Commission

Amendment

– sugar confectionery,

deleted

Justification

This is already covered by the definition of food.

Amendment    261

Proposal for a regulation

Annex I – indent 8

Text proposed by the Commission

Amendment

– preparations of cereals, flour, starch or milk; pastrycooks' products,

deleted

Justification

This is already covered by the definition of food.

Amendment    262

Proposal for a regulation

Annex I – indent 9

Text proposed by the Commission

Amendment

– soups,

deleted

Justification

This is already covered by the definition of food.

Amendment    263

Proposal for a regulation

Annex I – indent 10

Text proposed by the Commission

Amendment

– sauces,

deleted

Justification

This is already covered by the definition of food.

Amendment    264

Proposal for a regulation

Annex I – indent 11

Text proposed by the Commission

Amendment

– cooked meals,

deleted

Justification

This is already covered by the definition of food.

Amendment    265

Proposal for a regulation

Annex I – indent 12

Text proposed by the Commission

Amendment

– ice cream,

deleted

Justification

This is already covered by the definition of food.

Amendment    266

Proposal for a regulation

Annex I – indent 13

Text proposed by the Commission

Amendment

– flavoured yoghurts, yoghurts containing added fruits, nuts or cocoa,

deleted

Justification

This is already covered by the definition of food.

Amendment    267

Proposal for a regulation

Annex I – indent 14

Text proposed by the Commission

Amendment

sea salt,

– salt,

Amendment    268

Proposal for a regulation

Annex I – indent 15

Text proposed by the Commission

Amendment

– natural gums and resins,

– natural gums,

Justification

Resins are already covered by the definition of food.

Amendment    269

Proposal for a regulation

Annex I – indent 15 a (new)

Text proposed by the Commission

Amendment

 

– natural corks, non-agglomerated and without binders,

Amendment    270

Proposal for a regulation

Annex I – indent 19

Text proposed by the Commission

Amendment

– spirit drinks, provided that the ethyl alcohol used for the production of the spirit drinks is exclusively of agricultural origin.

deleted

Justification

This is already covered by the definition of food.

Amendment    271

Proposal for a regulation

Annex I – indent 19 a (new)

Text proposed by the Commission

Amendment

 

– aromatised wine products as defined in Council Regulation (EU) No 251/20141a.

 

______________________

 

1a Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).

Justification

Aromatized wine products are obtained from products of the wine sector which, according to the relevant provisions, must be present in the finished product in a proportion of not less than 75 % for aromatized wines and 50% for aromatized wine based drinks and aromatized wine-product cocktails. Since the scope of the organic regulation has been broadened in order to cover processed agricultural products, aromatized wine products should be included.

Amendment    272

Proposal for a regulation

Annex I – indent 19 b (new)

Text proposed by the Commission

Amendment

 

– uncarded and uncombed cotton,

Justification

These products originating from agriculture should fall within the scope of this Regulation.

Amendment    273

Proposal for a regulation

Annex I – indent 19 c (new)

Text proposed by the Commission

Amendment

 

– uncarded and uncombed wools,

Justification

These products originating from agriculture should fall within the scope of this Regulation.

Amendment    274

Proposal for a regulation

Annex I – indent 19 d (new)

Text proposed by the Commission

Amendment

 

– raw hides and unprocessed skins,

Justification

These products originating from agriculture should fall within the scope of this Regulation.

Amendment    275

Proposal for a regulation

Annex I – indent 19 e (new)

Text proposed by the Commission

Amendment

 

– plant-based raw materials for traditional herbal medicinal products.

Amendment    276

Proposal for a regulation

Annex II – Part I – point 1.1

Text proposed by the Commission

Amendment

1.1. Hydroponic production, which is a method of growing plants with their roots in a nutrient solution only or in an inert medium to which a nutrient solution is added, is prohibited.

1.1. Hydroponic production 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.

Amendment    277

Proposal for a regulation

Annex II – Part I – point 1.3.1 a (new)

Text proposed by the Commission

Amendment

 

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.

Justification

This provision should be included in this Annex to take into account the specific features of perennial crops.

Amendment    278

Proposal for a regulation

Annex II – Part I – point 1.3.3 – paragraph 1

Text proposed by the Commission

Amendment

1.3.3. In the case of treatment with a product not authorised for organic production, the competent authority shall require a new conversion period in accordance with point 1.3.1.

1.3.3. In the case of treatment with a product not authorised for organic production, the competent authority shall require a new conversion period for treated parts of the parcels in accordance with point 1.3.1.

Amendment    279

Proposal for a regulation

Annex II – Part I – point 1.3.3 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

That period may be shortened in the following two cases:

The competent authorities may decide that that period may be shortened in the following cases:

Amendment    280

Proposal for a regulation

Annex II – Part I – point 1.3.3 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) treatment with a product not authorised for organic production as part of a compulsory control measure for pests or weeds, including quarantine organisms or invasive species, imposed by the competent authority of the Member State;

(a) parcels treated with a product not authorised for organic production as part of a compulsory control measure for pests or weeds, including quarantine organisms or invasive species, imposed by the competent authority of the Member State;

Amendment    281

Proposal for a regulation

Annex II – Part I – point 1.3.3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) treatment with a product not authorised for organic production as part of scientific tests approved by the competent authority of the Member State.

(b) parcels treated with a product not authorised for organic production as part of scientific tests approved by the competent authority of the Member State.

Amendment    282

Proposal for a regulation

Annex II – Part I – point 1.3.4 – point b

Text proposed by the Commission

Amendment

(b) the harvest following the treatment may not be sold with reference to organic production.

(b) the harvest following the treatment may not be sold with reference to in-conversion or organic production methods.

Amendment    283

Proposal for a regulation

Annex II – Part I – point 1.3.4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States shall inform other Member States and the Commission of any decision taken by them which lays down compulsory measures;

Amendment    284

Proposal for a regulation

Annex II – Part I – point 1.3.4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

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.

Amendment    285

Proposal for a regulation

Annex II – Part I – point 1.3.5.2

Text proposed by the Commission

Amendment

1.3.5.2 Notwithstanding point 1.3.5.1, the conversion period may be reduced to one year for pasturages and open air areas used by non-herbivore species.

1.3.5.2 Notwithstanding point 1.3.5.1, the conversion period may be reduced to one year for pasturages 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 farming.

Amendment    286

Proposal for a regulation

Annex II – Part I – point 1.4.1 to 1.4.1b

Text proposed by the Commission

Amendment

1.4.1. For the production of plants and plant products only organically produced plant reproductive material shall be used. To this end, the plant intended for plant reproductive material production and, where relevant, the mother plant shall have been produced in accordance with this Regulation for at least one generation, or, in the case of perennial crops, for at least one generation during two growing seasons.

1.4.1. For the production of plants and plant products only organically produced plant reproductive material shall be used. As referred to in Article 10(2), a database shall list the corresponding plant intended for plant reproductive material production and, where relevant, the mother plant shall have been produced in accordance with this Regulation for at least one generation, or, in the case of perennial crops, 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.

 

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

Proposal for a regulation

Annex II – Part I – point 1.4.2

Text proposed by the Commission

Amendment

1.4.2. Use of plant reproductive material not obtained from organic production

1.4.2. Use of seed or vegetative propagating material not obtained from organic production

Plant reproductive material not obtained from organic production may be used only when it comes from a production unit in conversion to organic production or where it is justified for use in research, test in small-scale field trials or for genetic resources conservation purposes agreed by the competent authority of the Member State.

 

 

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 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 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 organic form.

 

__________________

 

1a Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1.)

Amendment    288

Proposal for a regulation

Annex II – Part I – point 1.5.2

Text proposed by the Commission

Amendment

1.5.2. The fertility and biological activity of the soil shall be maintained and increased by multiannual crop rotation including legumes and other green manure crops, and by the application of livestock manure or organic material, both preferably composted, from organic production.

1.5.2. The fertility and biological activity of the soil shall be maintained and increased by the use of soil engineering, by multiannual crop rotation including mandatory leguminous crops as the main or cover crop for rotating crops and other green manure crops, and by the application of livestock manure or organic material, both preferably composted, from organic production.

Amendment    289

Proposal for a regulation

Annex II – part I – point 1.5.4

Text proposed by the Commission

Amendment

1.5.4 The total amount of livestock manure, as defined in Council Directive 91/676/EEC67, applied on the agricultural holding, shall not exceed 170 kg of nitrogen per year/hectare of agricultural area used. That limit shall only apply to the use of farmyard manure, dried farmyard manure and dehydrated poultry manure, composted animal excrements, including poultry manure, composted farmyard manure and liquid animal excrements..

1.5.4 The total amount of livestock manure, as defined in Council Directive 91/676/EEC67, applied on the parcel, shall not exceed 170 kg of nitrogen per year/hectare of agricultural area used. That limit shall only apply to the use of farmyard manure, dried farmyard manure and dehydrated poultry manure, composted animal excrements, including poultry manure, composted farmyard manure and liquid animal excrements. The total amount of livestock manure applied in market garden production under shelter shall not exceed 240kg of nitrogen per year/hectare over the whole area under shelter.

__________________

__________________

67 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).

67 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).

Amendment    290

Proposal for a regulation

Annex II – part I – point 1.5.6

Text proposed by the Commission

Amendment

1.5.6. Preparations of micro-organisms may be used to improve the overall condition of the soil or the availability of nutrients in the soil or in the crops.

1.5.6. Preparations of micro-organisms and biochar may be used to improve the overall condition of the soil or the availability of nutrients in the soil or in the crops.

Justification

Biooglje je ekološki dodatek k tlom, ki omogoča, da po naravni poti trajno regeneriramo strukturo zemlje ter povečamo njeno rodovitnost. To je oglje, proizvedeno iz biomase rastlinskega ali živalskega izvora z izgorevanjem pri visokih temperaturah (500 do 700 °C), brez prisotnosti kisika. Od navadnega oglja se razlikuje po tem, da je bolj krhko in izredno porozno, saj je v enem gramu biooglja za 400 m2 površine. Biooglje zaradi svoje sestave in strukture v tleh zadržuje vodo, minerale in hranilne snovi, pospešuje izgradnjo humusa, predstavlja optimalen habitat za koristne mikroorganizme in z vezavo ogljika v tleh uspešno pripomore k zmanjšanju emisij toplogrednih plinov. Ogljik, vezan v biooglje, namreč ostane v tleh stoletja in se ne sprošča v ozračje kot CO2. Biooglje ima visok pH, zato lahko z njim uravnamo pH v tleh, kjer je prenizek. Prav tako biooglje deluje kot zadrževalec hranil v tleh, kjer ostaja stoletja in s tem pomembno zmanjša izpiranje hranil iz tal. Vse te lastnosti pa imajo za posledico zmanjšano uporabo pesticidov. Zaradi vseh navedenih lastnosti bi bilo treba biooglje dovoliti tudi za uporabo v ekološkem kmetijstvu.

Amendment    291

Proposal for a regulation

Annex II – Part I – point 1.5.8 a (new)

Text proposed by the Commission

Amendment

 

1.5.8a. The use of biodynamic preparations shall be allowed.

Amendment    292

Proposal for a regulation

Annex II – part I – point 1.5.8 b (new)

Text proposed by the Commission

Amendment

 

1.5.8b. The use of ferti-irrigation is prohibited.

Amendment    293

Proposal for a regulation

Annex II – Part I – point 1.6.1 – introductory part

Text proposed by the Commission

Amendment

1.6.1. The prevention of damage caused by pests and weeds shall rely primarily on the protection by:

1.6.1. The prevention of damage caused by pests, weeds and diseases shall rely primarily on the protection by:

Amendment    294

Proposal for a regulation

Annex II – Part I – point 1.6.1 – indent 5

Text proposed by the Commission

Amendment

– thermal processes such as solarisation and shallow steam treatment of the soil (to a maximum depth of 10 cm).

– thermal processes such as solarisation and, exclusively for protected crops, shallow steam treatment of the soil.

Justification

Steam treatment should be allowed only in protected crops. 10-cm depth is very difficult to control, shallow is enough.

Amendment    295

Proposal for a regulation

Annex II – Part I – point 1.6.2

Text proposed by the Commission

Amendment

1.6.2. Where plants cannot be protected adequately from pests by measures provided for in point 1.6.1. or in the case of an established threat to a crop, only products authorised for use in organic production pursuant to Article 19 may be used and only to the extent necessary.

1.6.2. Where plants cannot be protected adequately from pests, weeds and diseases by measures provided for in point 1.6.1. or in the case of an established threat to a crop, only products authorised for use in organic production pursuant to Article 19 may be used, and only to the extent necessary. Operators shall keep documentation proving the need for the use of such products.

Amendment    296

Proposal for a regulation

Annex II – Part I – point 1.6.3

Text proposed by the Commission

Amendment

1.6.3. The traps or dispensers of products other than pheromones shall prevent the substances from being released into the environment and prevent contact between the substances and the crops being cultivated. The traps shall be collected after use and disposed of safely.

1.6.3. In relation to products used in traps or dispensers other than pheromones, the traps and/or dispensers shall prevent the substances from being released into the environment and shall prevent contact between the substances and the crops being cultivated. All traps including pheromone traps shall be collected after use and safely disposed of.

Amendment    297

Proposal for a regulation

Annex II – Part I – point 1.7 – paragraph 1

Text proposed by the Commission

Amendment

With regard to cleaning and disinfection, only the products for cleaning and disinfection in plant production authorised for use in organic production pursuant to Article 19 shall be used.

For cleaning and disinfection, products shall be used in plant production only if they are authorised for use in organic production pursuant to Article 19.

Amendment    298

Proposal for a regulation

Annex II – Part I – point 2.2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Operators shall keep documentation on the parcels concerned and on the amount of the harvest.

Amendment    299

Proposal for a regulation

Annex II – Part II – point 1.1

Text proposed by the Commission

Amendment

1.1. Where the farmer producing livestock does not manage agricultural land and has not established a written cooperation agreement with another farmer, landless livestock production shall be prohibited.

1.1. Landless livestock production, by which the operator of the livestock does not manage agricultural land and/or has not concluded a written cooperation agreement with another operator in accordance with Annex II, Part I, point 1.5.4, shall be prohibited with the exception of beekeeping.

Amendment    300

Proposal for a regulation

Annex II – Part II – point 1.2.1

Text proposed by the Commission

Amendment

1.2.1. The conversion period shall start at the earliest when the farmer has notified his activity to the competent authorities and subjected his holding to the control system in accordance with this Regulation.

1.2.1. The conversion period shall start at the earliest when the farmer or operator has notified his activity to the competent authorities and subjected his holding to the control system in accordance with this Regulation.

Justification

e.g. for operators producing aquaculture.

Amendment    301

Proposal for a regulation

Annex II – Part II – point 1.2.2

Text proposed by the Commission

Amendment

1.2.2. Conversion periods specific to the type of animal production are set out in point 2.

1.2.2. In the case of non-simultaneous conversion of pasturage/land used for animal feed and animals, the periods specific to the type of animal production set out in point 2 shall be applied.

Amendment    302

Proposal for a regulation

Annex II – Part II – point 1.2.4

Text proposed by the Commission

Amendment

1.2.4. Animals and animal products may be considered organic at the end of the conversion period if there is simultaneous conversion of the complete production unit, including livestock, pasturage or any land used for animal feed.

1.2.4. The total combined conversion period for both existing animals and their offspring, pasturage and/or any land used for animal feed, may be reduced to 24 months if the animals are mainly fed with products from the production unit in conversion.

Justification

Wording taken from existing Commission Regulation (EC) No 889/2008.

Amendment    303

Proposal for a regulation

Annex II – Part II – point 1.3.1

Text proposed by the Commission

Amendment

1.3.1. Organic livestock shall be born and raised on organic agricultural holdings.

1.3.1. Organic livestock shall be born or hatched and raised on organic agricultural 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.

Amendment    304

Proposal for a regulation

Annex II – Part II – point 1.3.3 – point d

Text proposed by the Commission

Amendment

(d) the choice of breeds shall be appropriate and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals.

(d) the choice of breeds shall be appropriate to ensure a high standard of animal welfare and shall also contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals.

Justification

Clearer wording taken from existing Council Regulation (EC) No 834/2007.

Amendment    305

Proposal for a regulation

Annex II – Part II – point 1.3.4 to 1.3.4c (new)

Text proposed by the Commission

Amendment

1.3.4. In the choice of breeds or strains, account shall be taken of the capacity of animals to adapt to local conditions, without impairment of their welfare, their vitality and their resistance to disease. In addition, breeds or strains of animals shall be selected to avoid specific diseases or health problems associated with some breeds or strains used in intensive production, such as porcine stress syndrome, pale-soft-exudative (PSE) syndrome, sudden death, spontaneous abortion and difficult births requiring caesarean operations. Preference shall be given to indigenous breeds and strains.

1.3.4. In the choice of breeds or strains, account shall be taken of the capacity of animals to adapt to local conditions, without impairment of their welfare, their vitality and their resistance to disease. In addition, breeds or strains of animals shall be selected to avoid specific diseases or health problems associated with some breeds or strains used in intensive production, such as porcine stress syndrome, pale-soft-exudative (PSE) syndrome, sudden death, 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.

 

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.

Amendment    306

Proposal for a regulation

Annex II – Part II – points 1.3.5 a to 1.3.5 d (new)

Text proposed by the Commission

Amendment

 

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.

 

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.

 

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.

 

__________________

 

1a 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).

Justification

Specifications taken from existing Commission Regulation (EC) No 889/2008.

Amendment    307

Proposal for a regulation

Annex II – Part II – point 1.4.1 – point b

Text proposed by the Commission

Amendment

(b) livestock shall be fed with organic feed that meets the animal's nutritional requirements at the various stages of its development. Restricted feeding shall not be permitted in livestock production;

(b) livestock shall be fed with organic feed that meets the animal's nutritional requirements at the various stages of its development, in terms of both quality and quantity. Restricted feeding shall not be permitted in livestock production. A part of the ration may contain feed from holdings which are in conversion to organic farming. By way of exception to the production rules relating to non-availability of 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.

Amendment    308

Proposal for a regulation

Annex II – Part II – point 1.4.1 – point d

Text proposed by the Commission

Amendment

(d) fattening practices shall be reversible at any stage of the rearing process. Force-feeding is forbidden;

(d) force-feeding is forbidden;

Amendment    309

Proposal for a regulation

Annex II – Part II – point 1.4.1 – point g

Text proposed by the Commission

Amendment

(g) suckling animals shall be fed in preference on maternal milk for a minimum period;

(g) suckling animals shall be fed on maternal milk in preference to natural milk, for a minimum period;

Justification

Wording taken from existing Council Regulation (EC) No 834/2007 as the Commission proposal also allows milk substitute.

Amendment    310

Proposal for a regulation

Annex II – Part II – point 1.4.1 – point h a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment    311

Proposal for a regulation

Annex II – Part II – point 1.4.2.1 – point a

Text proposed by the Commission

Amendment

(a) the common land is fully managed in accordance with this Regulation;

(a) the common land on which grazing is taking place has not been treated with products not authorised for organic production for at least two years;

 

This condition shall not apply to extensive pastures which are not used by animals for more than 150 days in a year;

Amendment    312

Proposal for a regulation

Annex II – part II – point 1.4.2.1 – point b

Text proposed by the Commission

Amendment

(b) any non-organic animals which use the land concerned are derived from a production system equivalent to one of those provided for in Articles 28 and 30 of Regulation (EU) No 1305/201369 ;

deleted

__________________

 

69 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).

 

Amendment    313

Proposal for a regulation

Annex II – part II – point 1.4.2.2

Text proposed by the Commission

Amendment

1.4.2.2. During the period of transhumance animals may graze on non-organic land when they are being moved on foot from one grazing area to another. The uptake of non-organic feed, in the form of grass and other vegetation on which the animals graze, shall be allowed for a maximum of 35 days covering both the outward and return journeys.

1.4.2.2. During the period of transhumance animals may graze on non-organic land when they are being moved on foot from one grazing area to another. The uptake of non-organic feed, in the form of grass and other vegetation on which the animals graze, shall not exceed 20 % of the total feed ration per year. This figure shall be calculated as a percentage of the dry matter of feeding stuffs from agricultural origin.

Amendment    314

Proposal for a regulation

Annex II – Part II – point 1.4.2.2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Operators shall keep documentary evidence of the use of provisions referred to in point 1.4.2.

Amendment    315

Proposal for a regulation

Annex II – Part II – point 1.4.3.1

Text proposed by the Commission

Amendment

1.4.3.1. For in-conversion agricultural holdings, up to 15 % of the total average amount of feed fed to livestock may originate from the grazing or harvesting of permanent pastures, perennial forage parcels or protein crops, +sown under organic management on lands in their first year of conversion, provided that they are part of the holding itself. Feed in their first year of conversion may not be used for the production of organic processed feed. When both in-conversion feed and feed from parcels in their first year of conversion are being used, the total combined percentage of such feed shall not exceed the maximum percentages fixed in point 1.4.3.2.

1.4.3.1. Up to 25 % on average of the feed fed to livestock may be made up of in-conversion feed. When the in-conversion feed comes from an in-conversion unit of the holding itself, this proportion may be increased to 100 %.

Amendment    316

Proposal for a regulation

Annex II – Part II – point 1.4.3.2

Text proposed by the Commission

Amendment

1.4.3.2. For organic agricultural holdings, up to 20 % on average of the feed formula of rations may comprise in-conversion feed, namely feed from the second year of conversion. For in-conversion agricultural holdings, when the in-conversion feed come from the holding itself, this percentage may be increased to 100.

1.4.3.2. Up to 30 % of the total average amount of feedingstuffs fed to livestock may originate from the grazing or harvesting of permanent pastures, perennial forage parcels or protein crops, sown under organic management on lands in their first year of conversion, provided that they form part of the holding itself and have not been part of an organic production unit of that holding in the last five years. When both in-conversion feedingstuffs and feedingstuffs from parcels in their first year of conversion are being used, the total combined percentage of such feedingstuffs shall not exceed the maximum percentages fixed in point 1.4.3.1.

Amendment    317

Proposal for a regulation

Annex II – Part II – point 1.4.4 – paragraph 1

Text proposed by the Commission

Amendment

Only organic feed materials of animal origin as well as feed materials and feed additives authorised for use in organic production pursuant to Article 19 may be used in the processing of organic feed and in the feeding of organic animals.

Only organic feed materials of plant and animal origin, feed materials of invertebrate origin and fermentative products of organic origin, as well as feed materials and feed additives authorised for use in organic production pursuant to Article 19 may be used in the processing of organic feed and in the 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 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 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.

Amendment    318

Proposal for a regulation

Annex II – part II – point 1.5.1.3 a (new)

Text proposed by the Commission

Amendment

 

1.5.1.3a. The use of bolus composed of synthesised allopathic chemical molecules is prohibited;

Amendment    319

Proposal for a regulation

Annex II – part II – point 1.5.2.2

Text proposed by the Commission

Amendment

1.5.2.2. Disease shall be treated immediately to avoid suffering of the animal; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions and under the responsibility of a veterinarian, when the use of phytotherapeutic, homeopathic and other products is inappropriate. In particular restrictions with respect to courses of treatment and withdrawal periods shall be defined.

1.5.2.2. Disease shall be treated immediately to avoid suffering of the animal; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under the responsibility of a veterinarian, when the use of phytotherapeutic, homeopathic and other products is inappropriate. In particular restrictions with respect to courses of treatment and withdrawal periods shall be defined.

Justification

Veterinarians’ duty of care guarantees strict conditions.

Amendment    320

Proposal for a regulation

Annex II – part II – point 1.5.2.4

Text proposed by the Commission

Amendment

1.5.2.4. With the exception of vaccinations, treatments for parasites and compulsory eradication schemes where an animal or group of animals receive more than three courses of treatments with chemically-synthesised allopathic veterinary medicinal products including antibiotics within 12 months, or more than one course of treatment if their productive lifecycle is less than one year, the livestock concerned, or produce 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.

1.5.2.4. With the exception of vaccinations, treatments for parasites, phytotherapeutic and homeopathic products and compulsory eradication schemes where an animal or group of animals receive more than three courses of treatments with chemically-synthesised allopathic veterinary medicinal products including antibiotics within 12 months, or more than one course of treatment if their productive lifecycle is less than one year, the livestock concerned, or produce 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

Proposal for a regulation

Annex II – Part II – point 1.5.2.5

Text proposed by the Commission

Amendment

1.5.2.5. The withdrawal period between the last administration of an allopathic veterinary medicinal product to an animal under normal conditions of use, and the production of organically produced foodstuffs from such animals, is to be twice the withdrawal period as referred to in Article 11 of Directive 2001/82/EC or, in a case in which this period is not specified, 48 hours.

1.5.2.5. The withdrawal period between the last administration of a chemically synthesised allopathic veterinary medicinal product to an animal under normal conditions of use, and the production of organically produced foodstuffs from such animals, shall be twice the withdrawal period referred to in Article 9 of Directive 2001/82/EC and at least 48 hours.

Amendment    322

Proposal for a regulation

Annex II – Part II – point 1.6.5

Text proposed by the Commission

Amendment

1.6.5. Open air areas may be partially covered. Verandas shall not be considered as open air areas.

1.6.5. Open air areas may be partially covered. Verandas shall only be considered as open air areas for breeding birds and for pullets aged under 18 weeks.

Amendment    323

Proposal for a regulation

Annex II – Part II – point 1.7.3

Text proposed by the Commission

Amendment

1.7.3. The livestock shall have permanent access to open air areas, preferably pasture, whenever weather conditions and the state of the ground allow this unless restrictions and obligations related to the protection of human and animal health are imposed on the basis of Union legislation.

1.7.3. Herbivores shall have permanent access to open air areas during daytime, including open-air pens and pasture as appropriate to the species concerned, whenever weather conditions and the state of the ground allow this, unless restrictions and obligations related to the protection of human and animal health are imposed pursuant to 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.

Amendment    324

Proposal for a regulation

Annex II – Part II – point 1.7.6

Text proposed by the Commission

Amendment

1.7.6. Tethering or isolation of livestock shall be prohibited, unless for individual animals for a limited period of time, and in so far as this is justified for veterinary reasons. Competent authorities may authorise cattle in micro-enterprises to be tethered if it is not possible to keep the cattle in groups appropriate to their behaviour requirements, provided they have access to pastures during the grazing period, and at least twice a week access to open air areas when grazing is not possible.

1.7.6. Tethering or isolation of livestock shall be prohibited, save for individual animals for a limited period of time, and in so far as this is justified on grounds of safety or animal protection or for veterinary reasons. Isolation of livestock may be authorised, for a limited period of time, only when workers' safety is compromised and for animal welfare reasons. Competent authorities may authorise cattle in micro-enterprises and undertakings located in disadvantaged areas to be tethered, provided they have access to pastures during the grazing period whenever weather conditions and the state of the ground allow this during daytime, unless restrictions and obligations relating to the protection of human and animal health are imposed pursuant to Union legislation, and at least twice a week access to open air areas when grazing is not possible.

Amendment    325

Proposal for a regulation

Annex II – Part II – point 1.7.8

Text proposed by the Commission

Amendment

1.7.8. Any suffering shall be kept to a minimum during the entire life of the animal, including at the time of slaughter.

1.7.8. When organic production is carried out in accordance with this Regulation, its effect on animal welfare, understood in the light of 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.

 

___________________

 

1a Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1).

 

1b Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (OJ L 303, 18.11.2009, p. 1).

Amendment    326

Proposal for a regulation

Annex II – Part II – point 1.7.8 a (new)

Text proposed by the Commission

Amendment

 

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

Proposal for a regulation

Annex II – Part II – point 1.7.9

Text proposed by the Commission

Amendment

1.7.9. Mutilation of animals shall be prohibited.

1.7.9. Mutilation of animals shall be 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 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.

Amendment    328

Proposal for a regulation

Annex II – Part II – point 1.7.12

Text proposed by the Commission

Amendment

1.7.12. Loading and unloading of animals shall be carried out without the use of any type of electrical stimulation to coerce the animals. The use of allopathic tranquillisers, prior to or during transport, shall be prohibited.

1.7.12. Loading and unloading of animals shall be carried out without the use of any type of electrical stimulation to coerce the animals, except in exceptional circumstances and in accordance with the provisions of point 1.9 of Annex III to Regulation (EC) No 1099/2009. Mixing of animals which are unfamiliar with 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.

Amendment    329

Proposal for a regulation

Annex II – part II – point 2.1.1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) 12 months in the case of bovines animals for meat production, and in any case at least three quarters of their lifetime;

(a) 12 months in the case of bovines animals for meat production;

Justification

For the sake of the practicability of these provisions, the reference to lifetimes shall be deleted for beef cattle as well as for sheep and goats.

Amendment    330

Proposal for a regulation

Annex II – Part II – point 2.1.2 – point d

Text proposed by the Commission

Amendment

(d) except during the period each year when the animals are under transhumance referred to in point 1.4.2.2., at least 90 % of the feed shall come from the farm itself or in case this is not feasible, be produced in cooperation with other organic farms in the same region;

(d) except during the period each year when the animals are under transhumance as referred to in point 1.4.2.2., at least 60 % of the feed shall come primarily from the farm itself or, where this is not feasible, shall to the extent possible be produced in cooperation with other organic farms established within a radius of 150 km of the farm itself and be produced in the Union. For the purposes of calculating the distance 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;

Amendment    331

Proposal for a regulation

Annex II – part II – point 2.1.2 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) all suckling bovine, ovine and caprine animals shall be fed in preference on maternal milk for a minimum period of three months for bovine animals and 45 days for ovine and caprine animals.

(f) all suckling bovine, ovine and caprine animals shall be fed in preference on maternal milk or natural milk for a minimum period of three months for bovine animals and 45 days for ovine and caprine animals.

Amendment    332

Proposal for a regulation

Annex II – Part II – point 2.1.3 - point c a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment    333

Proposal for a regulation

Annex II – Part II – point 2.2.2 – point c

Text proposed by the Commission

Amendment

(c) except during the period each year when the animals are under transhumance as mentioned in point 1.4.2.2., at least 90 % of the feed shall come from the farm itself or in case this is not feasible, be produced in cooperation with other organic farms in the same region;

(c) except during the period each year when the animals are under transhumance as mentioned in point 1.4.2.2., at least 60 % of the feed shall come primarily from the farm itself or, where this is not feasible, shall to the extent possible be produced in cooperation with other organic farms established within a radius of 150 km of the farm itself and be produced in the Union. For the purposes of calculating the distance 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;

Amendment    334

Proposal for a regulation

Annex II – Part II – point 2.2.2 – point d

Text proposed by the Commission

Amendment

(d) rearing systems for equine animals shall be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year. At least 60 % of the dry matter in daily rations of equine animals shall consist of roughage, fresh or dried fodder, or silage;

(d) rearing systems for equine animals shall be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year. Where higher percentages of roughage are not possible, the following minimum rule shall apply whilst respecting the nutrition, health and welfare requirements of the breeds concerned: at least 60 % of the dry matter in daily rations of equine animals shall consist of roughage, fresh or dried fodder, or silage;

Amendment    335

Proposal for a regulation

Annex II – part II – point 2.2.2 – point e

Text proposed by the Commission

Amendment

(e) all suckling equine animals shall be fed in preference on maternal milk, for a minimum period of three months.

(e) all suckling equine animals shall be fed in preference on maternal milk suckled directly from the mother until the natural time of weaning.

Amendment    336

Proposal for a regulation

Annex II – Part II – point 2.2 a (new)

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:

(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.

Justification

Specific rules should also be set in place for rabbits.

Amendment    337

Proposal for a regulation

Annex II – Part II – point 2.3.2 – point a

Text proposed by the Commission

Amendment

(a) at least 60 % of the feed shall come from the farm itself or in case this is not feasible, be produced in the same region in cooperation with other organic farms or feed operators;

(a) at least 30 % of the feed shall come primarily from the farm itself or, where this is not feasible, shall to the extent possible be produced in cooperation with other organic farms established within a radius of 150 km of the farm itself and be produced in the Union. For the purposes of calculating the distance 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;

Amendment    338

Proposal for a regulation

Annex II – part II – point 2.3.2 – point c a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment    339

Proposal for a regulation

Annex II – Part II – point 2.3.3 – point b a (new)

Text proposed by the Commission

Amendment

 

(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

Proposal for a regulation

Annex II – Part II – point 2.3.3 – point c

Text proposed by the Commission

Amendment

(c) sows shall be kept in groups, except in the last stages of pregnancy and during the suckling period;

(c) sows shall be kept in groups, except in the last stages of pregnancy and during the suckling period, during which time the sow 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;

Amendment    341

Proposal for a regulation

Annex II – Part II – point 2.3.4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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.

Justification

This is taken from French Ministry of Agriculture "Specifications concerning organic production and preparation of animals and animal products defining the implementation arrangements for amended Council Regulation (EEC) No 2092/91 and/or supplementing the provisions of amended Council Regulation No 2092/91.

Amendment    342

Proposal for a regulation

Annex II – part II – point 2.3.4. – paragraph 2 - table

 

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 minimum (kg)

M2/head

M2/head

Farrowing sows with piglets up to 40 days

 

7,5 sow

2,5

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 up to 30 kg

0,6

0,4

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:

 

Indoors area

Outdoors area

 

(net area available to animals)

(exercise area, excluding pasturage)

 

Live weight minimum (kg)

M2/head

M2/head

Farrowing sows with piglets up to 40 days

 

7,5 per scrofa

2,5

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 up to 30 kg

0,6

0,4

Brood porcine animals

 

2,5 female

1,9

 

6 male

8,0

 

 

If pens are used for natural service: 10 m2/boar

 

Amendment    343

Proposal for a regulation

Annex II – Part II – point 2.4.2 – introductory part

Text proposed by the Commission

Amendment

Poultry shall either be reared until they reach a minimum age or else shall come from slow-growing poultry strains 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:

Poultry for meat production must be derived from slow-growing poultry strains adapted for outdoor rearing, as defined by the competent authority.

 

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:

Amendment    344

Proposal for a regulation

Annex II –Part 2 – point 2.4.2 – point h

Text proposed by the Commission

Amendment

(h) 140 days for male turkeys and roasting geese; and

(h) 140 days for male and female turkeys and roasting geese sold whole; and

Justification

The proposed minimum age is taken from the current Annex IV of Regulation (EC) No 543/2008 on the marketing standards for types of farming: see d) "traditional free range" and differentiating as in this Regulation between male/female turkeys for cutting and whole.

Amendment    345

Proposal for a regulation

Annex II – Part II – point 2.4.2 – point i

Text proposed by the Commission

Amendment

(i) 100 days for female turkeys.

(i) 98 days for female turkeys intended for cutting and 126 days for male turkeys intended for cutting.

Amendment    346

Proposal for a regulation

Annex II – part II – point 2.4.2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Laying hens must be derived from strains adapted to outdoor rearing.

Amendment    347

Proposal for a regulation

Annex II – Part II – point 2.4.3 – point a

Text proposed by the Commission

Amendment

(a) at least 60 % of the feed shall come from the farm itself or in case this is not feasible, be produced in the same region in cooperation with other organic farms or feed operators;

(a) at least 30 % of the feed shall come primarily from the farm itself or, where this is not feasible, shall to the extent possible be produced in cooperation with other organic farms established within a radius of 150 km of the farm itself and be produced in the Union. For the purposes of calculating the distance 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;

Amendment    348

Proposal for a regulation

Annex II – part II – point 2.4.4 – point c

Text proposed by the Commission

Amendment

(c) poultry shall have access to an open air area for at least one third of their life. Open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs;

(c) poultry shall have access to an open air area for at least one third of their life. Open air areas for poultry shall be mainly covered with vegetation;

Justification

The presence of drinking troughs in outdoor runs attracts wild birds and entails a major risk in the events of outbreaks of bird flu. For this reason, the European Commission advises against them in the event of outbreaks of bird flu. They are also permanently prohibited in some Member States. Vegetation like shrubs or trees helps poultry to lie down in outdoor runs and other additional protective equipment is not needed.

Amendment    349

Proposal for a regulation

Annex II – Part II – point 2.4.4 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) the total usable surface area of poultry buildings for fattening poultry of any production unit shall not exceed 1 600 m²;

Justification

 For a sustainable production a production ceiling per unit is needed.

Amendment    350

Proposal for a regulation

Annex II – Part II – point 2.4.4 – point d b (new)

Text proposed by the Commission

Amendment

 

(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;

Justification

For a sustainable production a production ceiling per unit is needed.

Amendment    351

Proposal for a regulation

Annex II – Part II – point 2.4.5 – title

Text proposed by the Commission

Amendment

2.4.5. Stocking density

2.4.5. Manure

Justification

The text and its heading are not clear. It would be better to clarify them by indicating that this point deals with manure by referring to the current Directive. Each Member State has adapted the European Directive on nitrates depending on its environmental problems. It is important to leave the possibility of basing it on national provisions, as in the case of the current Regulation on organic production (Article 15(2) of Regulation 889/2008).

Amendment    352

Proposal for a regulation

Annex II – Part II – point 2.4.5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The maximum number of animals per hectare shall respect the following limits:

The maximum quantity of manure spread per hectare must comply with the limit of 170 kg of organic nitrogen per year and per hectare 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:

Justification

The text and its heading are not clear. It would be better to clarify them by indicating that this point deals with manure by referring to the current Directive. Each Member State has adapted the European Directive on nitrates depending on its environmental problems. It is important to leave the possibility of basing it on national provisions, as in the case of the current Regulation on organic production (Article 15(2) of Regulation 889/2008)

Amendment    353

Proposal for a regulation

Annex II – Part II – point 2.4.5. – paragraph 2

 

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/ parents

Young stock

Fattening birds

Capons

Layers

Age

Breeding birds

Pullets 0-8 weeks

Pullets 9-18 weeks

Starter 0-21 days

Finisher 22 to 81 days

22-150 days

Laying hens from 19 weeks

In house stocking rate (birds per m² of usable area) for fixed and mobile houses

6 birds

24 birds with a maximum of 21 kg liveweight/m²

15 birds with a maximum of 21 kg liveweight/m²

20 birds with a maximum of 21 kg liveweight/m²

10 birds with a maximum of 21 kg liveweight/m²

10 birds with a maximum of 21 kg liveweight/m²

6 birds

Perch space (cm)

 

 

 

 

18

Multi-layer systems additional limits/m2 of ground floor area (including veranda if 24h access)

9 birds

36 birds excluding veranda area 

22 birds

Not normally applicable

9 birds

Flock size limits

3 000, including males

10 000*

3 300

10 000*

4 800

2 500

3 000

Open-air run stocking rates (m2/bird), provided that the limit of 170 kg of N/ha/year is not exceeded

4

1

4

1

4

4

4

* 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/ parents

Young stock

Fattening birds

Capons

Layers

Age

Breeding birds

Pullets 0-8 weeks

Pullets 9-18 weeks

Starter 0-28 days

Finisher 22 to 91 days

91-150 days

Laying hens from 19 weeks

In house stocking rate (birds per m² of usable area) for fixed and mobile houses

6 birds

24 birds with a maximum of 25 kg liveweight/m²

16 birds with a maximum of 25 kg liveweight/m²

20 birds with a maximum of 25 kg liveweight/m²

10 birds with a maximum of 25 kg liveweight/m²However, in the case of mobile housing which does not exceed 150 m2 decks and which isf left open at night, occupation can be increased to 16 animals provided that the total charge does not exceed 30 kg liveweight/ m2

6.5 birds with a maximum of 25 kg liveweight/m²

9 birds per m2/usable surface excluding veranda

Perch space (cm)

 

 

 

 

15

Multi-layer systems additional limits/m2 of ground floor area (including veranda if 24h access)

 

36 birds excluding veranda area 

24 birds

Not normally applicable

9 birds

Flock size limits

 

10 000*

10 000

Maximum 1 flock per poultry house and 4 houses per production unit

Maximum 1 flock per poultry house and 4 houses per production unit

Maximum 1 flock per poultry house and 4 houses per production unit

3 000 and 9 000 maximum per poultry house and maximum 18 000 per farm

Open-air run stocking rates (m2/bird), provided that the limit of 170 kg of N/ha/year is not exceeded

4

 

 

1

2

4

4

* sub-dividable to produce 3x3 000 or 2x4 800 batches

Amendment    354

Proposal for a regulation

Annex II – part II – point 2.4.5. – paragraph 3

In-house stocking rate (birds per m2 of usable area) for mobile houses with a floor area of not more than 150 m2

16 with a maximum of 30 kg liveweight/m2

Flock size limits

2,500

2,500

2,500

4,000 females 3,200 males

3,200

4,000

3,200

5,200

Farm size limits

A maximum of 1 flock per poultry house and a maximum of 4 buildings per production unit.

Open air stocking rate (m2/bird) provided that the limit of 170 kg of N/ha/year is not exceeded

6

6

10

2

2

2

3

2

Amendment    355

Proposal for a regulation

Annex II – Part II – point 2.4.6 – point a

Text proposed by the Commission

Amendment

(a) poultry shall have access to an open air area for at least one third of their life. In particular, continuous daytime open air access shall be provided from as early an age as practically possible, whenever physiological and physical conditions allow, except in the case of temporary restrictions imposed on the basis of Union legislation;

(a) laying hens and finisher poultry shall have access to an open air area for at least one third of their life, except in the case of temporary restrictions imposed on the basis of Union legislation;

Justification

For sanitary reasons, pullets less than 18 weeks old which go on to become laying hens have no access to external areas (cover from vaccines is not guaranteed and there is a risk of the eggs becoming contaminated with salmonella and mycoplasmae). Since the pullet stage represents one third of a hen’s life, these provisions do not prevent the animals from having access to an open air area for the majority of their lives.

Amendment    356

Proposal for a regulation

Annex II – Part II – point 2.4.6 – point b

Text proposed by the Commission

Amendment

(b) open air areas for poultry shall be mainly covered with vegetation composed of a diverse range of plants and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs. The vegetation on the open-air area must be harvested and removed at regular intervals to reduce the potential for nutrient surpluses. The open air areas shall not extend beyond a radius of 150 m from the nearest pop-hole of the poultry house. However an extension of up to 350 m from the nearest pop-hole of the poultry house is permissible provided that a sufficient number of shelters and drinking troughs are evenly distributed throughout the whole open-air area with at least four shelters per hectare;

(b) open air areas for poultry shall be mainly covered with vegetation. The vegetation on the open-air area must be harvested and removed at regular intervals to reduce the potential for nutrient surpluses. The open air areas shall not extend beyond a radius of 150 m from the nearest pop-hole of the poultry house. However an extension of up to 350 m from the nearest pop-hole of the poultry house is permissible provided that a sufficient number of shelters or shrubs/foliage are evenly distributed throughout the whole open-air area with at least four shelters or groves per hectare;

Justification

Les variétés de plantes qui peuvent être sur un parcours dépendent avant tout de la région de l’élevage et de son climat. La réglementation ne doit pas imposer « un large éventail de plantes » au risque d’avoir des espèces exotiques néfastes pour l’environnement.La présence d’abreuvoirs sur les parcours extérieurs attire les oiseaux sauvages et entraîne un risque important en cas d’épisode d’Influenza aviaire. Pour cette raison, la Commission européenne la déconseille en cas d’épisode d’Influenza aviaire, et cela est même interdit en permanence dans certains états-membres.C’est la végétation, par exemple avec des arbustes ou de arbres, qui aide les volailles à s’étendre sur les parcours en plein air, il n’est pas nécessaire d’avoir d’autres équipements de protection en plus.

Amendment    357

Proposal for a regulation

Annex II – Part II – point 2.5 a (new)

Text proposed by the Commission

Amendment

 

2.5a. Rearing of fallow deer, mouflon and red deer

 

2.5a.1. Conversion

 

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 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);

 

(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 not available, watering places must be provided.

Justification

Consumers are increasingly demanding organic wild game and rabbit products. That is why uniform rules should also be introduced for the rearing of red deer, mouflon, fallow deer and rabbits at the EU level.

Amendment    358

Proposal for a regulation

Annex II – Part III – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

 

(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 Directive1b, as applicable.

 

__________________

 

1a 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).

 

1b 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).