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A6-0061/2007

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PV 28/03/2007 - 16
CRE 28/03/2007 - 16

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PV 29/03/2007 - 8.8
CRE 29/03/2007 - 8.8
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P6_TA(2007)0095
P6_TA(2007)0191

REPORT     *
PDF 377kWORD 681k
14.3.2007
PE 380.703v03-00 A6-0061/2007

on the proposal for a Council regulation on organic production and labelling of organic products

(COM(2005)0671 – C6‑0032/2006 – 2005/0278(CNS))

Committee on Agriculture and Rural Development

Rapporteur: Marie-Hélène Aubert

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
 OPINION of the Committee on the Environment, Public Health and Food Safety
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation on organic production of agricultural products and indications referring thereto in agricultural products and foodstuffs

(COM(2005)0671 – C6-0032/2006– 2005/0278(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2005)0671)(1),

–   having regard to Articles 37 and 95 of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0032/2006),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A6‑0061/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission  Amendments by Parliament

Amendment 1

Citation 1

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 95 thereof,

Justification

Article 37 of the Treaty only covers the agricultural aspects of the legislation. However, the regulation also deals with specific methods of processing and preparation of organic products in catering services, public canteens and restaurants, which includes internal market aspects. Adding Article 95, on internal market provisions, would also strengthen the position of Parliament in possible negotiations on the implementing rules to be adopted by commitology procedure.

Amendment 2

Recital 1

(1) Organic production is an overall system of farm management and food production that combines best environmental practices, a high level of biodiversity, preservation of natural resources, application of high animal welfare standards and production in line with the preference of certain consumers for products produced using natural substances and processes. The organic production method thus plays a dual societal role, where it on the one hand provides for a specific market responding to a consumer demand for organic products, and on the other hand delivers public goods contributing to the protection of the environment and animal welfare, as well as to rural development.

(1) Organic production is an overall system of farm management and food production which focuses on all facets of sustainable production and seeks to strike a balance and that combines best environmental practices, a high level of biodiversity, the preservation of natural resources and the application of high animal welfare standards and aims to improve soil fertility by natural means and to ensure production in line with the preference of certain consumers for products produced using natural substances and processes. The organic production method thus plays several positive roles: not only does it provide for a specific market responding to a consumer demand for organic products, while delivering public goods not only limited to the food sector, but also and above all it contributes to the protection of the environment and animal welfare, as well as to social rural development.

Justification

Sustainable production should be the main focus of organic production and in addition there should be a balance among the various best practices in the environmental field.

Amendment 3

Recital 2

(2) The contribution of the organic agricultural sector is on the increase in most Member States. Growth in consumer demand in recent years is particularly notable. Recent reforms of the common agricultural policy, with its emphasis on market-orientation and the supply of quality products to meet consumer demands, are likely to further stimulate the market in organic produce. Against this background the legislation on organic production plays an increasingly important role in the agricultural policy framework and is closely related to the developments on the agricultural markets.

 

(2) Organic farming is fully in line with the sustainable development objectives set by the European Union in the context of the Göteborg agenda, in that it contributes to achieving sustainable development, produces healthy, high-quality products and employs environmentally sustainable production methods. The contribution of the organic agricultural sector is on the increase in most Member States. Growth in consumer demand in recent years is particularly notable. Recent reforms of the common agricultural policy, with its emphasis on market-orientation and the supply of quality products to meet consumer demands, are likely to further stimulate the market in organic produce. Against this background it is necessary for organic production to play an increasingly important role in the agricultural policy framework and to be closely related to the developments on the agricultural market and linked to the protection and safeguarding of soils assigned to agricultural activities.

Justification

We feel it is essential that the EU’s Göteborg strategy, and the main principles it lays down for agriculture (cf. Presidency conclusions, Göteborg, 15-16 June 2001), should be mentioned here, since organic farming is specifically referred to there as an aspect of the Common Agricultural Policy which is fully in line with the Göteborg objectives.

Amendment 4

Recital 2 a (new)

 

(2a) Each piece of legislation and policy which the Community adopts in this area should contribute to the development of organic farming and organic production as defined in this Regulation. Organic farming plays an important role in the implementation of the Community's sustainable development policy.

Justification

Organic farming is closely related to the sustainable development policy; other policies and pieces of legislation should follow the example of this policy by taking account of this type of production and helping to achieve the objectives which have been set.

Amendment 5

Recital 3

(3) The Community legal framework governing the sector of organic production should pursue the objective of ensuring fair competition and a proper functioning of the internal market in organic products, and of maintaining and justifying consumer confidence in products labelled as organic. It should further aim at providing conditions under which this sector can progress in line with production and market developments.

(3) The Community legal framework governing the sector of organic production should pursue the objective of ensuring fair competition and the proper functioning of the internal market in organic products, and of maintaining and justifying consumer confidence in products labelled as organic. It should further aim at providing conditions under which this sector can progress in line with production and market developments and in an environmentally sustainable manner.

Justification

Organic production can be promoted by means of innovative legislative measures consistent not only with market policies, but also with sustainable development.

Amendment 6

Recital 7

(7) A general Community framework of organic production rules should be established with regard to plant and livestock production, including rules on conversion, as well as on production of processed food and of feed. Competence to determine the details of those general rules and to adopt Community production rules for aquaculture should be conferred on the Commission.

(7) A general Community framework of organic production rules should be established with regard to plant and livestock production, including rules on conversion, as well as on the production of processed food and of feed. Competence to determine the details and annexes of those general rules and to adopt Community production rules for aquaculture should be conferred on the Commission which should consult the Parliament and the Council.

Justification

The Commission has not yet consulted Parliament and Council on the details and annexes of the regulation. If this is not done before the adoption of this regulation, the Parliament must be consulted on the annexes as soon as the Commission has adopted the draft texts.

Amendment 7

Recital 8

(8) The development of organic production should further be facilitated in particular by fostering the use of new techniques and substances better suited to organic production.

(8) The development of organic production should further be facilitated, on the basis of established best practices, in particular by fostering soil fertility, crop rotation, local seed conservation, water and energy-saving practices and the use of new techniques and substances better suited to organic production.

Justification

Organic farming needs more specific support in good agricultural practices and processes than new techniques and substances..

Amendment 8

Recital 9

(9) Genetically modified organisms (GMOs) and products produced from or by GMOs are incompatible with the concept of organic production and consumers’ perception of organic products. They should therefore not be deliberately used in organic farming or in the processing of organic products.

(9) Genetically modified organisms (GMOs) and products produced from or by GMOs are incompatible with the concept of organic production and consumers’ perception of organic products. They should therefore not be used in organic farming or in the processing of organic products. The contamination of organic seeds, inputs, feed and food should be precluded by adequate national and Community legislation based on the precautionary principle.

Justification

Organic farming principles, objectives and rules exclude the use and the presence of GMO in all organic processes and products. It is therefore important to adopt national and EU legislation which guarantees that contamination with GMOs does not take place.

Amendment 9

Recital 9 a (new)

 

(9a) The use of synthetic plant protection products is incompatible with organic production.

Justification

Self-explanatory amendment consistent with recitals 10 to 13, which relate to the exclusive use of renewable resources, multi-annual crop rotation and the compatibility of additional fertilisers with organic production.

Amendment 10

Recital 14

(14) In order to avoid environmental pollution, in particular of natural resources such as the soil and water, organic production of livestock should in principle provide for a close relationship between such production and the land, suitable multi-annual rotation systems and the feeding of livestock with organic-farming crop products produced on the holding itself or on neighbouring organic holdings.

(14) In order to avoid environmental pollution and irreversible impairment of the quality and availability of natural resources such as the soil and water, organic production of livestock should in principle provide for a close relationship between such production and the land, suitable multi-annual rotation systems and the feeding of livestock with organic-farming crop products produced on the holding itself or on neighbouring organic holdings.

Justification

Irreversible impairment of the quality and availability of natural resources must be prevented.

Amendment 11

Recital 15

(15) As organic stock farming is a land-related activity, animals should have, where possible, access to open air or grazing areas.

(15) As organic stock farming is a land-related activity, animals should have access to open air or grazing areas whenever climatic and soil conditions permit.

Justification

Access to open air and/or grazing, depending on the species in question, is one of the fundamental principles of organic farming. It must not be optional but must rather depend on the conditions referred to in the amendment.

Amendment 12

Recital 16

(16) Organic stock farming should respect high animal welfare standards and meet animals’ species–specific behavioural needs and animal-health management should be based on disease prevention. In this respect, particular attention should be paid to housing conditions, husbandry practices and stocking densities. Moreover, the choice of breeds should favour slow growing strains and take account of their capacity to adapt to local conditions. The implementing rules for livestock production and aquaculture production should ensure compliance with at least the provisions of the European Convention to the Protection of Animals kept for Farming purposes (T-AP) and its subsequent recommendations.

(16) Organic stock farming should respect high animal welfare standards and meet animals’ species–specific behavioural needs and animal-health management should be based on disease prevention. In this respect, particular attention should be paid to housing conditions, husbandry practices and stocking densities. Moreover, the choice of breeds should favour long living, disease resistant, and slow growing strains and indigenous regional breeds and take account of their capacity to adapt to local conditions. The implementing rules for livestock production and aquaculture production should ensure compliance with at least the provisions of the European Convention to the Protection of Animals kept for Farming purposes (T-AP) and its subsequent recommendations.

Justification

Disease resistance and longevity are also important characteristics for robust animal breeds.

Amendment 13

Recital 17

(17) The organic livestock production system should aim at completing the production cycles of the different livestock species with organically reared animals. It should therefore encourage the increase of the gene pool of organic animals, improve self reliance and thus ensure the development of the sector.

(17) The organic livestock production system should aim at completing the production cycles of the different livestock species with organically reared animals. It should therefore encourage the increase of the gene pool of organic animals, improve self reliance and thus ensure and encourage the development of the sector.

Justification

Organic livestock production should be both ensured and encouraged.

Amendment 14

Recital 22a (new)

 

(22 a) Given the current diversity of cultivation and stock farming practices in organic farming, Member States should be allowed the option of applying additional, more stringent rules to organic farming on their territory.

Justification

It is necessary to allow Member States the option of applying additional, more stringent rules on organic farming, given the high variability of practice in Europe, not only for reasons of soil and climate but also due to cultural factors. This "positive" subsidiarity option already exists under the current European organic production regulation, and has proved indispensable: it enables each Member State, building on the common basis of European legislation, to meet the requirements of its own consumers of organic produce.

Amendment 15

Recital 25

(25) In order to create clarity throughout the Community market, a simple standardised reference should be made obligatory for all organic products produced within the Community, at least where such products do not bear the Community organic production logo. The possibility to use this reference should also apply to organic products imported from third countries, but without any obligation to do so.

(25) In order to create clarity throughout the Community market, a simple standardised reference code should be made obligatory for all organic products produced within the Community, even where such products bear the Community organic production logo. The standardized reference code should also apply to organic products imported from third countries and should clearly indicate the origin of the products and possible differences in the application of organic production rules.

Justification

A standardized reference code must be compulsory, especially for organic products imported from third countries.

Amendment 16

Recital 27a (new)

 

(27a) Member states should establish the necessary legislative framework, based on the precautionary principle and the polluter pays principle, to prevent the contamination of organic products with GMOs. Operators should take all necessary precautionary measures to prevent adventitious or technically unavoidable contamination with GMOs.

Amendment 17

Recital 32

(32) The assessment of equivalency with regard to imported products should take into account the international standards laid down in Codex Alimentarius.

(32) The assessment of equivalency with regard to imported products should take into account production standards which are equivalent to those applied in the Community to organic production.

Justification

The Codex Alimentarius lays down general guidelines for the production of organic produce and makes no provision whatsoever for the stringent production rules which apply to organic production within the EU.

Amendment 18

Recital 32 a (new)

 

(32a) The import rules for organic products should be considered as a model for qualified market access, giving third country producers access to a high value market, provided that they respect the standards of that market.

Amendment 19

Recital 36

(36) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Considering that the legislation on organic production is an important factor in the framework of the Common Agricultural Policy, as it is closely related to the developments on the agricultural markets, it is appropriate to bring it in line with existing legislative procedures used to manage the this policy. The powers conferred on the Commission under this Regulation should therefore be exercised in accordance with the management procedure provided for in Article 4 of Decision 1999/468/EC,

(36) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Considering that the legislation on organic production is an important factor in the framework of the Common Agricultural Policy, as it is closely related to developments on the agricultural markets, it is appropriate to bring it in line with existing legislative procedures used to manage the this policy. The powers conferred on the Commission under this Regulation should therefore be exercised in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

Justification

Decision 1999/468/EC was amended by Council Decision 2006/512/EC of 17 July 2006. The regulatory procedure with scrutiny allows the Commission sufficient scope for good administrative practice while involving the European Parliament and the Council.

Amendment 20

Article 1, paragraph 1, introductory part

1. This Regulation establishes objectives, principles and rules concerning:

 

1. This Regulation provides the basis for the sustainable development of organic production and establishes objectives, principles and rules concerning:

Amendment 21

Article 1, paragraph 1, point (a)

(a) the production, placing on the market, import, export and controls of organic products;

(a) all stages of the production, the production methods, processing, distribution, placing on the market, import, export, inspection and certification of organic products;

Justification

Organic production is characterized as a process oriented economic activity which includes specific production methods, processing, preparation, distribution etc. which need to be defined under subject matter, scope and definitions.

Amendment 22

Article 1, paragraph 2, introductory part

2. This Regulation shall apply to the following products originating from agriculture or aquaculture, where such products are intended to be marketed as organic:

2. This Regulation shall apply to the following products originating from agriculture or aquaculture, where such products bear or are intended to bear indications referring to the organic production method:

Amendment 23

Article 1, paragraph 2, point (e a) (new)

(ea) other products such as wool, preserved fish, cosmetics, food supplements and essential oils;

Justification

These products are linked to the natural environment during at least one stage in their processing and their exploitation entails the use of agricultural and environmental resources. For the purposes of their sustainable exploitation the possibility of their being classified as organic products may constitute added value.

Amendment 24

Article 1, paragraph 3, introductory part

3. This Regulation shall apply within the territory of the European Community to any operator involved in the following activities:

 

3. This Regulation shall apply to any operator involved in activities at any stage of the production, preparation and distribution of the products listed in Article 1(2), including:

Justification

The catering market is becoming more and more important within the organic products sector. Many European consumers depend on catering services, canteens and restaurants for daily meals. It is important that they can make an informed choice between conventional food and organic food. Caterers, if they really want to offer their clients a full organic product line, should obey European common standards. This should guarantee transparency for consumers, as well as fair competition between operators in different Member States.

Amendment 25

Article 1, paragraph 3, point (b)

(b) processing of food and feed;

(b) conditioning, processing and preparation of food and feed;

Amendment 26

Article 1, paragraph 3, point (c)

(c) packaging, labelling and advertising;

(c) conditioning, packaging, storage, labelling and advertising of the products of organic farming;

Justification

Advertising is not the issue.

Amendment 27

Article 1, paragraph 3, subparagraph 2

However, it shall not apply to catering operations, factory canteens, institutional catering, restaurants or other similar food service operations.

(fa) catering operations, canteens, restaurants or other similar food service operations.

Justification

The regulation needs to include catering operations and food services as these include further processing and preparation of organic food and are a form of marketing which need to fall under the scope of definitions, labelling and control.

Amendment 28

Article 2, point (a)

(a) ‘organic production’ means the use of organic production methods on the farm holding, as well as activities involved in the further processing, packaging and labelling of a product, in compliance with the objectives, principles and rules established in this Regulation;

(a) ‘organic production’ means the use of organic production methods on the farm holding, as well as activities involved in the further processing, conditioning, packaging, storage and labelling of a product, in compliance with the objectives, principles and rules established in this Regulation;

Amendment 29

Article 2, point (b)

(b) ‘organic product’ means an agricultural product coming from organic production;

(b)‘organic product’ means a product coming from organic production;

Justification

The regulation includes aquaculture. The definition "agricultural product" is therefore too narrow.

Amendment 30

Article 2, point (b a) (new)

 

(ba) 'operator' means the owner of a business carrying out activities within the scope of this Regulation and subject to the supervision of the authorities or control bodies responsible for organic production;

Justification

This definition, currently operational under Article 4 of Regulation (EEC) 2092/91, is important if we are to link all the activities included within the scope of the proposal.

Amendment 31

Article 2, point (f)

(f)'conversion' means the transition from non organic to organic farming;

(f) 'conversion' means a period of transition from conventional to organic farming;

Justification

Transition must be defined with a time limit.

Amendment 32

Article 2, point (j)

(j) ‘competent authority’ means the central authority of a Member State competent for the organisation of official controls in the field of organic production or any other authority on which that competence has been conferred and, where appropriate, the corresponding authority of a third country;

(j) 'competent authority' means the authority of a Member State competent for the enforcement of the provisions of this Regulation and the detailed rules adopted by the Commission for the application hereof or any other authority to which that competence has been conferred in whole or in part; it shall also include, where appropriate, the corresponding authority of a third country;

Justification

The competent authority needs do be better defined in order to include the various possible forms of authorities involved.

Amendment 33

Article 2, point (k)

(k) ‘control body’ means an independent third party to which the competent authority has delegated certain control tasks;

 

(k) ‘control body’ means the independent body that carries out inspection, certification and traceability procedures in the organic production sector in accordance with the provisions of this Regulation and the detailed rules adopted by the Commission for the application hereof and which has been recognised and checked for this purpose by the competent authority; it also includes, if appropriate, the equivalent body of a third country for whose recognition specific rules are applied;

Amendment 34

Article 2, point (m)

(m) ‘mark of conformity’ means the assertion of conformity to a particular set of standards or other normative documents in the form of a mark;

(m) ‘mark of conformity’ means the assertion of compliance with the requirements deriving from a particular set of standards or other normative documents in the form of a mark;

Justification

The proposal seeks to tidy up the language by introducing a definition in accordance with the terminology used in European standards, such as the EN ISO 9000 series on quality and the EN ISO 14000 series on environmental management, where conformity is defined as compliance with requirements.

Amendment 35

Article 2, point (r)

(r) ‘products produced by GMOs’ means food and feed additives, flavourings, vitamins, enzymes, processing aids, certain products used in animal nutrition (under Directive 82/471/EEC), plant protection products, fertilisers and soil conditioners, produced by nourishing an organism with materials that are in whole or in part GMOs;

(r) ‘products produced by GMOs’ means products derived by using a GMO as the last living organism in the production process, but not containing or consisting of GMOs nor produced from GMOs";

Justification

The regulation should be consistent with GMO definitions used in other relevant legislation in order not to confuse terminology.

Amendment 36

Article 2, point (v a) (new)

 

(va) 'green manure' means a crop, which may include spontaneous plants and weeds, which is incorporated into the soil for the purpose of soil improvement.

Justification

The definitions should include all specific terms used in the regulation.

Amendment 37

Article 2 point (v b) (new)

 

(vb) “veterinary treatment” means all the preventative and curative measures used to treat a sick animal or group of sick animals for a given disease, in accordance with a prescription and for a limited period.

Justification

Experience has shown that it is necessary to define precisely the term “treatment” used in Article 9.

Amendment 38

Article 2, point (v c) (new)

(vc) 'synthetic' refers to products that are manufactured by chemical and industrial processes, including all products not found in nature and simulations of products from natural sources, excluding products extracted from natural raw materials or modified by simple chemical processes.

Justification

The definition of synthetic products needs to be clarified. It should however not include natural raw materials which are traditionally processed e.g. by using inorganic acids or bases for the change of ph, etc.

Amendment 39

Article 3, introductory part

The organic production system shall pursue the following objectives:

The organic production method shall pursue the following objectives:

Amendment 40

Article 3, point (a), introductory part

(a) It shall establish, in a practical, economically viable management system for agriculture, a production of a wide variety of products by methods that:

(a) It shall establish, in a system based on environmentally and socio-economically sustainable production, a production of a wide variety of products by methods that:

Justification

The concept of economic viability is ambiguous and debatable, and can be interpreted in numerous and sometimes divergent fashions.

Amendment 41

Article 3, point (a), point (i)

(i) minimise the negative effects on the environment;

(i) minimise the negative effects on the environment and climate;

Amendment 42

Article 3, point (a), point (i a) (new)

 

(ia) ensure lasting equilibrium between soil, water, plants and animals;

Justification

The sustainability of farming and eco-systems linked to it may be achieved by means of organic farming methods.

Amendment 43

Article 3, point (a), point (ii)

(ii) maintain and enhance a high level of biological diversity on farms and their surrounding areas;

(ii) maintain and enhance a high level of biological and genetic diversity on farms and consequently in their surrounding areas in a broader sense, devoting particular attention to the conservation of local varieties that have adapted and to indigenous breeds;

Amendment 44

Article 3, point (a), point (iii)

(iii) preserve as far as possible the natural resources, such as water, soil, organic matter and air;

(iii) exploit in the most rational manner possible natural resources (water, soil and air) and agricultural input (energy, plant protection agents, nutritional ingredients);

Amendment 45

Article 3, point (a), point (iv)

(iv) respect high animal welfare standards and in particular meet animals’ species specific behavioural needs.

(iv) respect high animal health and welfare standards and in particular meet animals’ species specific behavioural needs;

Amendment 46

Article 3, point (a), point (iv a) (new)

(iva) contribute to the preservation of traditional processes of preparation of quality food products and to the improvement of small family farms and businesses.

Justification

The principles of organic production should include the social and cultural aspects contributing to maintaining the differentiation of quality organic production.

Amendment 47

Article 3, point (b)

(b) It shall establish a production of food and other agricultural products that responds to a consumer demand for goods produced by use of natural processes, or processes that are comparable to natural processes, and naturally occurring substances.

(b) It shall establish a production of food and other agricultural products that responds to a consumer demand for goods produced by use of natural processes, or physical processes that are comparable to natural processes, and naturally occurring substances.

Justification

The possible use of chemical substances should be avoided.

Amendment 48

Article 4, point (a)

(a) the use of living organisms and mechanical production methods shall be preferred to the use of synthetic materials;

 

(a) only living organisms and mechanical production methods shall be used, the use of synthetic materials and production methods involving synthetic materials being permitted only in accordance with Article 16;

Justification

The wording proposed is vague and reduces the scope of these principles. They should be worded more affirmatively, without however banning the possibility of using synthetic materials and non-mechanical methods in serious or far-reaching situations requiring a rapid response derogating from the principles and rules governing organic production.

For the sake of consistency with recital 16 of Framework Regulation 1829/2003, a clear distinction should be made between the definitions of 'produced from GMOs' and 'produced with GMO.

For the sake of completeness veterinary medicinal products should not be exempted from this regulation. There is today a wide ranging selection of organic veterinary medicines on the market; therefore these medicines should be used with organic farming.

Amendment 49

Article 4, point (a a) (new)

 

(aa) biological and mechanical production methods shall be preferred to the use of external inputs like synthetic materials;

Amendment 50

Article 4, paragraph 1, point (b)

(b) natural substances shall be used in preference to chemically synthesised substances, which may be used only where natural substances are not commercially available;

 

(b) where external inputs are necessary, natural substances, minerals and organically produced raw materials shall be used; chemically treated or synthesised substances must be strictly limited to exceptional cases, may be used only where natural substances are not commercially available and must be specifically authorized in accordance with Article 11;

Amendment 51

Article 4, points (c)

(c) GMOs and products produced from or by GMOs may not be used, with the exception of veterinary medicinal products

(c) GMOs and products produced from or with GMOs shall not be used;

Justification

For the sake of completeness veterinary medicinal products should not be exempted from this regulation. There is today a wide ranging selection of organic veterinary medicines on the market; therefore these medicines should be used with organic farming.

Amendment 52

Article 4, point (c a) (new)

 

(ca) ionising radiation may not be used.

Amendment 53

Article 4, point (d)

(d) rules of organic production shall be adapted to local conditions, stages of development and specific husbandry practices, while maintaining the common concept of organic production.

(d) rules of organic production shall be adapted to local conditions, stages of development and specific husbandry practices, while maintaining the objectives and principles of organic production;

Amendment 54

Article 4, point (d a) (new)

 

(da) organic production shall safeguard product quality, integrity and traceability throughout the food chain;

Amendment 55

Article 4, point (d b) (new)

 

(db) organic production shall be a socially, environmentally and economically sustainable activity;

Amendment 56

Article 4, point (d c) (new)

 

(dc) there shall be no hydroponic crop production nor other form of crop production without soil nor livestock production without soil.

Justification

This prohibition should also be included in the article.

Amendment 57

Article 5, point (a)

(a) farming shall maintain and enhance soil fertility, prevent and combat soil erosion, and minimise pollution;

(a) farming shall maintain and enhance soil life and fertility, prevent and combat soil erosion, and minimise pollution;

Justification

It is important not only to safeguard soil fertility, for the benefit of sustainable farming, but also the biological communities in soil.

Amendment 58

Article 5, point (a a) (new)

 

(aa) farming shall preserve and create employment, thus contributing to sustainable rural development;

Amendment 59

Article 5, point (c)

(c) the use of non-renewable resources and off-farm inputs shall be minimized;

(c) the use of non-renewable resources and off-farm inputs shall be minimized; the use of renewable energies shall be promoted;

Amendment 60

Article 5, point (f)

(f) plants shall be primarily fed through the soil ecosystem;

 

(f) plants shall be primarily fed through the soil ecosystem; good soil management practices shall thus be applied;

Amendment 61

Article 5, point (g)

(g) maintenance of animal and plant health shall be based on preventative techniques including selection of appropriate breeds and varieties;

(g) maintenance of plant health shall be based on preventative techniques including selection of appropriate varieties, crop rotation, mixed cropping, promotion of natural enemies of pests and development of natural resistance against pests and diseases;

Amendment 62

Article 5, point (g a) (new)

 

(ga) maintenance of animal health shall be based on encouraging the natural immunological defence and constitution of the animal as well as the selection of appropriate breeds, and husbandry practices;

Amendment 63

Article 5, point (h)

(h) feed for livestock shall come primarily from the holding where the animals are kept or shall be produced in cooperation with other organic farms in the same region;

 

(h) feed for livestock shall come by preference from the holding where the animals are kept or shall be produced in cooperation with other organic farms, and livestock density shall be limited in order to ensure that stockbreeding management is integrated with crop production;

Justification

This amendment reflects the particular characteristics of Mediterranean agriculture, under which livestock are concentrated in the mountain areas and crop production in the valleys, and there are few farms which combine crops with livestock. To limit manure use to that from organic stockbreeding would therefore lead to the undermining and virtual elimination of organic farming over large semi-arid areas of major ecological importance, as there is very little stockbreeding in those areas. It is necessary to authorise the use of composted manure from non-organic extensive stockbreeding, in the same conditions as apply today.

Amendment 64

Article 5, point (k)

(k) breeds shall be chosen favouring slow growing strains and having regard to the capacity of animals to adapt to local conditions, their vitality and their resistance to disease or health problems;

(k) breeds shall be chosen favouring slow growing strains, long-lived strains and indigenous local breeds and having regard to the capacity of animals to adapt to local conditions, their vitality and their resistance to disease or health problems.

Justification

It is necessary to enhance the range of indigenous breeds that adapt better to regional conditions and are often linked to traditional farming practices, which characterise European regions and hence should be protected. This will result in higher quality products, the specific nature of which may constitute economic added value for Europe’s rural regions.

Amendment 65

Article 5, point (l)

(l) organic livestock feed shall be composed essentially of agricultural ingredients from organic farming and of natural non-agricultural substances;

(l) organic livestock feed shall be composed of agricultural ingredients from organic farming and of natural non-agricultural substances and shall offer the specific nutritional requirements of the livestock at the respective stages of their development; exemptions must be authorized in accordance with Article 11.

Amendment 66

Article 5, point (n)

(n) aquaculture production shall minimise the negative effect on the aquatic environment;

(n) aquaculture production shall maintain the biodiversity and quality of the natural aquatic ecosystem and minimise negative effects on the aquatic and terrestrial ecosystems;

Justification

The principles for Organic production should include as many aspects of integrative measures as possible to include environmental, public health and social aspects of organic farming, but they should also take into account the regional and cultural differences in plant production and husbandry.

Amendment 67

Article 6, title

Principles applicable to processing

Principles applicable to processing and preparation

Amendment 68

Article 6, introductory part

In addition to the overall principles set out in Article 4, the following principles shall apply to the production of processed organic feed and food:

In addition to the objectives and the overall principles set out in Article 4, the following principles shall apply to the production and preparation of processed organic feed and food, including the definition and possible changes of the annexes.

Justification

This article should include the preparation of organic food and feed and clearly indicate the exceptional use of ingredients and additives which are commercially not available in some cases. It should also guide all definitions and possible changes of the annexes accordingly.

Amendment 69

Article 6, point (a)

(a) organic food and feed shall be produced essentially from agricultural ingredients which shall be organic, except where an organic ingredient is not commercially available;

(a) organic food and feed shall be produced from agricultural ingredients which shall be organic, except where an organic ingredient is not commercially available;

Amendment 70

Article 6, point (b)

(b) additives and processing aids shall be used to a minimum extent and only in case of essential technological need;

(b) additives and processing aids shall be used to a minimal extent only in case of essential technological or nutritional need and if they have been authorized in accordance with the procedure laid down in Article 15;

Amendment 71

Article 6, point (c a) (new)

 

(ca) food shall be carefully processed in such a way as to guarantee the integrity of the organic food;

Amendment 72

Article 7, paragraph 1, subparagraph 1

The entire commercial part of a holding shall be managed in compliance with the requirements applicable to organic production or conversion to organic production.

The entire agricultural holding shall be managed in compliance with the requirements applicable to organic production.

Justification

Based on the organic principle of wholeness, the ultimate aim of conversion from conventional to organic production should be complete organic production.

Amendment 73

Article 7, paragraph 1, subparagraph 2

However, in accordance with specific conditions to be laid down in accordance with the procedure referred to in Article 31(2), a holding may be split up into clearly separated units which are not all managed under organic production.

(Does not affect English version.)

Justification

(Does not affect English version.)

Amendment 74

Article 7, paragraph 1, subparagraph 3

Where, in accordance with the second subparagraph, not all of a farm is used for organic production, the farmer shall keep the land, animals, and products used for organic production separate from the rest and keep adequate records to show the separation.

Where, in accordance with the second subparagraph, not all of a farm is used for organic production, the farmer shall keep the land, animals, and products used for organic production separate from the rest and keep adequate records to show the separation. This separation shall also apply to aquaculture species mutatis mutandis.

Justification

These separation requirements must be extended to cover aquaculture.

Amendment 75

Article 7, paragraph 2, subparagraph 2

Where farmers use products purchased from third parties to produce organic food or feedstuffs, they shall require the vendor to confirm that the products supplied have not been produced by GMOs.

 

Where farmers or any other providers of organic produce use products purchased from third parties to produce organic food or feedstuffs, they must require the vendor to confirm that the products supplied have not been produced from or by GMOs and do not contain or consist of GMOs.

Amendment 76

Article 7, paragraph 2, subparagraph 2 a (new)

 

In the case of an adventitious or technically unavoidable contamination with GMO, operators must be in a position to supply evidence that they have taken all necessary steps to avoid such contamination.

Amendment 77

Article 8, paragraph 1, point (b)

(b) fertility and biological activity of the soil shall be maintained and increased by multi-annual crop rotation including green manure, application of manure and organic material from organic farms;

(b) fertility and biological activity of the soil shall be maintained and increased by multi-annual crop rotation including green manure, application of effluent from animal-breeding and organic material from organic farms, preferably composted;

Justification

Effluent does not only contain manure - hence it is more appropriate to use the term ‘effluent’.

Furthermore, other organic matter may be used in addition to effluent.

Amendment 78

Article 8, paragraph 1, point (h)

(h) the use of any approved synthetic substances shall be subject to conditions and limits as regards the crops that they can be applied to, the application method, the dosage, the time limits for use and the contact with crop;

(h) the use of any approved synthetic substances shall be subject to strict conditions and limits as regards the crops that they can be applied to, the application method, the dosage, the time limits for use and the contact with crop;

Amendment 79

Article 9, point (b), point (iii)

(iii) the livestock shall have permanent access to a free-range area, preferably pasture, whenever weather conditions and the state of the ground allow this;

 

(iii) ) 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 relating to the protection of human and animal health are imposed by Community legislation; the Commission and the Member States shall ensure that such restrictions and obligations do not lead to animal suffering or a loss of markets for organic products;

Justification

Recent European rules were imposed to confine organic birds to protect them against H5N1 highly pathogenic bird flu. This subsequently led to a debate about animal welfare (organic chickens beak's are not mutilated, and this could lead to animal welfare problems). Consumers were concerned that organic poultry products were 'less organic' than usual. Therefore an obligation should be introduced for authorities to seek and find alternatives for organic livestock sectors while maintaining highest possible animal welfare standards.

Amendment 80

Article 9, point (b), point (iv)

(iv) the number of livestock shall be limited with a view to minimising overgrazing, poaching of soil, erosion, or pollution caused by animals or by the spreading of their manure;

(iv) the number of livestock shall be limited with a view to minimising overgrazing, poaching of soil, erosion, or pollution caused by animals or by the spreading of their effluent;

Justification

Effluent does not consist only of manure.

Amendment 81

Article 9, point (b), point (v)

(v) organic livestock shall be kept separate or readily separable from other livestock;

(v) organic livestock shall be kept separate from other livestock;

Justification

The deleted phrase is a contradiction - in practice the livestock may remain unseparated throughout their lives.

Amendment 82

Article 9, point (b), point (x)

(x) hives and materials used in beekeeping must be made of natural materials;

 

(x) hives and materials used in beekeeping must be made of materials that are proven not to have adverse effects on the surrounding environment;

Justification

Beehives may contain parts made of stainless steel, for example, which do not cause damage to the environment.

Amendment 83

Article 9, point (c), point (i)

(i) reproduction shall not be induced by hormone treatment, unless in order to treat reproduction disorders;

(i) reproduction should, in principle, be based on natural methods. However, artificial insemination shall be allowed. Other forms of artificial or assisted reproduction (for example the transfer of embryos) shall not be used;

Justification

The wording of Regulation (EEC) No 2092/91 is much clearer.

Amendment 84

Article 9, point (c), point (ii)

(ii) cloning and embryo transfer shall not be used;

(ii) breeding techniques employing genetic engineering, cloning and embryo transfer shall not be used;

Amendment 85

Article 9, point (d), point (i)

(i) livestock shall be fed with organic feed, which may include proportions of feed from farm units which are in conversion to organic farming, that meet the animal’s nutritional requirements at the various stages of its development;

(i) livestock shall be fed with organic feed so as to meet the animal’s nutritional requirements at the various stages of its development; exemptions may be made as laid down in Annex XX, defining the percentage of feed which can be used from farms in conversion to organic farming;

Justification

Art 9 needs a clear framework of rules and exemptions for the annexes.

Amendment 86

Article 9, point (d), point (ii)

(ii) animals shall have permanent access to pasture or roughage;

(ii) animals shall have permanent access to pasture or roughage, unless this is contra-indicated on veterinary grounds, which shall be for the competent authorities or the veterinary surgeon who is attending the animals to judge;

Amendment 87

Article 9, point (e), point (ii)

(ii) disease outbreaks shall be treated immediately to avoid suffering to the animal; allopathic products including antibiotics may be used where necessary, when the use of phytotherapeutic, homeopathic and other products is inappropriate

(ii) disease outbreaks shall be treated immediately to avoid suffering to the animal; synthetic chemical allopathic veterinary medicines including antibiotics may be used where necessary and under strict conditions (maximum number of treatments per animal and the withdrawal period being defined), when the use of phytotherapeutic, homeopathic and other products is inappropriate.

Justification

The term “allopathic products” is too vague.

It is very important to define and restrict the number of synthetic chemical allopathic treatments per animal: this is in line with the requirements and principles of organic farming, it is already normal practice under the current system and it enables consumers to be given a guarantee particularly as regards possible residues.

Amendment 88

Article 10, paragraph 1

1. The Commission shall in accordance with the procedure referred to in Article 31(2), and subject to the objectives and principles laid down in Title II, establish production rules, including rules on conversion, applicable to organic aquaculture.

1. The Commission shall, after consultation with relevant stakeholders, present a legislative proposal to the European Parliament and the Council on production rules, including rules on conversion, applicable to organic aquaculture.

Justification

Specific rules for aquaculture need to be adequately developed; this needs specific consultation of the relevant stakeholders and a new legislative amending procedure with Parliament and Council as was practices in the past on animal production rules.

Amendment 89

Article 11, paragraph 1, introductory part

1. The Commission shall in accordance with the procedure referred to in Article 31(2), and subject to the objectives and principles laid down in Title II, establish specific criteria for the approval of products and substances that may be used in organic farming as follows:

1. The Commission shall in accordance with the procedure referred to in Article 31(2), after consultation with the relevant stakeholders and subject to the objectives and principles laid down in Title II, establish specific criteria for the approval of products and substances that may be used in organic farming as follows:

Amendment 90

Article 11, paragraph 1, point (e)

(e) cleaning materials;

(e) cleaning, hygiene and disinfection materials;

Amendment 91

Article 11, paragraph 1, point (f)

(f) other substances.

(f) other substances such as vitamins, microorganisms and plant boosters.

Amendment 92

Article 11, paragraph 2 a (new)

 

2a. The Commission shall ensure transparent procedures in relation to applications, documentation, review, evaluation and efficient decision-making. It shall give guidance to applicant Member States and use the expertise of the organic farming and food sector. Stakeholders should have the opportunity to be involved in the process of evaluating certain products and substances for inclusion in positive lists. Requests for amendment or withdrawal as well as decisions thereon shall be published.

Justification

The regulation should include a mechanism for stakeholder involvement and public information on changes in the approval of specific products and substances allowed in organic production.

Amendment 93

Article 11, paragraph 2 b (new)

2b. The following rules shall apply to plant protection products:

 

(i) their use must be essential for the control of a harmful organism or a particular disease for which other biological, physical or breeding alternatives or cultivation practices or other effective management practices are not yet available;

 

(ii) products not of plant, animal, microbial or mineral origin and not identical to their natural form may be approved only if the conditions for their use preclude any direct contact with the edible part(s) of a crop;

 

(iii) their use shall be temporary and the Commission shall specify a date by which their use is to be phased out or renewed;

Justification

EU consumers often choose organic products because they trust these products are produced without potential harmful substances. The sector should be pressured to continue to seek suitable alternatives by setting dates when the approved use of these substances end. This is already the case for conventional ingredients in animal feed; end dates have been set and the sector is now working to find organic alternatives for conventional ingredients which are still used in organic livestock farming.

Amendment 94

Article 11, paragraph 2 c (new)

2c. Meat and bone meal shall not be fed to food producing animals.

Justification

Meat and bone meal as well as similar products shall not be used as feed in organic agriculture.

Amendment 95

Article 12, point (c)

(c) milk and milk products from formerly non organic dairy animals may be sold as organic after a period to be defined in accordance with the procedure referred to in Article 31(2);

(c) milk and milk products from formerly non organic dairy animals and products such as meat, eggs and honey may be sold as organic after a period to be defined in accordance with the procedure referred to in Article 31(2);

Amendment 96

Article 13, paragraph 3

3. Hexane and other organic solvents may not be used.

3. Hexane and chemical solvents may not be used.

Justification

More appropriate terminology. Solvents are chemical, not organic.

Amendment 97

Article 13, paragraph 4, subparagraph 2

Where feed manufacturers use ingredients and additives purchased from third parties to produce feedstuffs for organic livestock, they shall require the vendor to confirm that the products supplied have not been produced by GMOs.

Where feed manufacturers use ingredients and additives purchased from third parties to produce feedstuffs for organic livestock, the vendor shall confirm in writing that the products supplied have not been produced in whole or in part from or with GMOs.

Justification

Given their originality and diversity compared with conventional products, organic products cannot be harmonised with the requirement applying to conventional products to specify a threshold for (even very low) deliberate contamination by GMOs. No threshold can be accepted for organic products: they must be free of GMOs. Written confirmation provides evidence that the product complies with the rules laid down (cf. Article 7(2).

If the use of GMO products is prohibited in organic farming, the user should be obliged to request a document certifying that GMOs have not been used and the supplier should be obliged to provide this document.

Amendment 98

Article 14, paragraph 1, point (a)

(a) at least 95%, by weight, of the ingredients of agricultural origin of the product shall be organic;

(a) at least 95%, by weight, of the ingredients of agricultural origin of the product, not counting added water and salt, shall be organic;

Amendment 99

Article 14, paragraph 1, point (b)

(b) ingredients of non-agricultural origin and processing aids may be used only if they have been approved under Article 15;

 

(b) additives, processing aids, flavourings, water, salt, preparations from micro-organisms and enzymes, minerals, trace elements, vitamins, amino-acids and other micronutrients may be used in foodstuffs intended for a specific nutritional use provided that they have been approved under Article 15;

Amendment 100

Article 14, paragraph 1, point (c)

(c) non-organic agricultural ingredients may be used only if they have been approved under Article 15.

 

(c) non-organic agricultural ingredients may be used only if they have been authorised under Article 15 or provisionally authorised by a Member State;

Amendment 101

Article 14, paragraph 1, point (c a) (new))

(ca) an organic ingredient may not be present at the same time as the same ingredient from a non-organic source or from a holding in conversion;

Amendment 102

Article 14, paragraph 1, point (c b) (new)

(cb) foods produced from crops harvested on a holding in conversion may contain only one ingredient of agricultural origin.

Amendment 103

Article 14, paragraph 2

2. The extraction, processing and storage of organic food shall be conducted with care to avoid losing the properties of the ingredients. Substances and techniques that reconstitute these properties or correct the results of negligence in the processing of these products shall not be used.

2. The extraction, conditioning, transport, processing, storage and marketing of organic food shall be conducted with care to avoid losing the properties of the ingredients and products. Substances and techniques that reconstitute these properties or correct the results of negligence in the processing of these products shall not be used.

Justification

In the interests of greater strictness in the list of processes, it is appropriate to add conditioning, transport and marketing. Furthermore, the care called for in this paragraph should, logically, be extended to products and not be confined to ingredients.

Amendment 104

Article 14, paragraph 3, subparagraph 2

Where processors use ingredients and processing aids purchased from third parties to produce organic food or feedstuffs, they shall require the vendor to confirm that the products supplied have not been produced by GMOs.

Where processors use ingredients and processing aids purchased from third parties to produce organic food or feedstuffs, the vendor shall confirm in writing that the products supplied have not been produced from or with GMOs.

Justification

If the use of GMO products is prohibited in organic farming, the user should be obliged to request a document certifying that GMOs have not been used and the supplier should be obliged to provide this document. Written confirmation provides evidence that the product complies with the rules laid down (see above).

Amendment 105

Article 14, paragraph 3 a (new)

3a. The extraction, processing and storage of organic food products shall be carried out with guarantees of separation in space and time from other, non-organic lines of production.

Justification

The aim is to ensure that mixed enterprises operate sufficient controls and separate the processes in an appropriate fashion.

Amendment 106

Article 14, paragraph 3 b (new)

 

3b. Member States may maintain or introduce stricter rules for the production of processed food on condition that such rules are in compliance with Community law and do not hinder or restrict the free movement of products that comply with this Regulation.

Justification

The Member States should have the possibility of imposing stricter rules with regards to the production of processed food in organic production. This is important for the possibility of competition on more ethical products, and will give the consumers a wider ranging choice of organic products.

Amendment 107

Article 15, paragraph 3 a (new)

 

3a. Member States may maintain or introduce stricter rules for the use of certain products and substances in processing on condition that such rules are in compliance with Community law and do not hinder or restrict the free movement of products that comply with this Regulation.

Justification

If the use of GMO products is prohibited in organic farming, the user should be obliged to request a document certifying that GMOs have not been used and the supplier should be obliged to provide this document.

Written confirmation provides evidence that the product complies with the rules laid down (see above).

Amendment 108

Article 16, paragraph 2, point (b a) (new)

 

(ba) where restrictions and obligations relating to the protection of human and animal health are imposed by Community legislation;

Justification

Various measures and provisions contained in this article are redundant and relate to cases (e.g. conversion) for which a degree of flexibility is obviously needed provisionally.

The conditions for a more flexible application of the rules on organic farming should also be place din order of priority and reduced.

Only a number of specific measures should come under the comitology procedure.

Finally, any derogations from the rules on organic farming must be notified to the competent authorities, including certification bodies, and control bodies must assess and inspect in situ the action plan put forward by the farmer to tackle the specific situation with which he is faced.

Amendment 109

Article 16, paragraph 2, point (h)

(h) where restrictions and obligations related to the protection of human and animal health are imposed on the basis of Community legislation.

deleted

Justification

Various measures and provisions contained in this article are redundant and relate to cases (e.g. conversion) for which a degree of flexibility is obviously needed provisionally.

The conditions for a more flexible application of the rules on organic farming should also be place din order of priority and reduced.

Only a number of specific measures should come under the comitology procedure.

Finally, any derogations from the rules on organic farming must be notified to the competent authorities, including certification bodies, and control bodies must assess and inspect in situ the action plan put forward by the farmer to tackle the specific situation with which he is faced.

Amendment 110

Article 16, paragraph 2, subparagraph 1 a (new)

Exceptions shall be granted, where appropriate, for a limited time and shall be based on a development plan for the region concerned or farm designed to solve the problem in question.

 

Information on exceptions granted under this Article shall be made accessible to the public and revised at least every three years.

Justification

Less restrictive rules and the granting of exceptions by the Commission must be kept to a minimum by clearly defining the criteria and procedures which can lead to approval or rejection of an application.

Amendment 111

Article 17, paragraph 1

1. The terms listed in Annex I, their derivatives or diminutives, alone or combined, may be used throughout the Community and in any Community language for the labelling and advertising of a product which is produced and controlled, or imported, in accordance with this Regulation.

1. The terms listed in Annex I, their derivatives or diminutives, alone or combined, may be used throughout the Community and in any Community language for the labelling and advertising of a product which is produced and controlled, or imported, in accordance with this Regulation..

 

In the case of processed products, these terms may only be used where:

 

(a) in the product designation and labelling at least 95% by weight of the ingredients which are of agricultural origin are produced organically and all essential ingredients are produced organically;

 

(b) in the list of ingredients, the information about the organic ingredients is imparted in the same way and using the same colour and font size and style as the information about the other ingredients. These products shall not bear a logo indicating organic production

Justification

In order for processed products to be labelled with a logo indicating organic production, it is essential that 95% by weight of the ingredients which are of agricultural origin should be produced organically; in soup, for example, a large part of the total weight could be accounted for by water. In that case the proportion of organic products in the total product would be less than 95% although if the water were to be ignored, all or virtually all the ingredients were of organic origin. Moreover, there may be processed products whose producer has not been able to opt for organic in the case of every ingredient. Yet for organic farmers it may be an important new market if they can supply their products to customers who process organic products among others. It is in the interests of both the farmer and the customer that it should be possible to indicate the organic origin of some of the ingredients, because this justifies a higher price for the end product. In order to avoid confusing consumers, however, requirements must apply to labelling in such cases.

Amendment 112

Article 17, paragraph 2

2. The terms listed in Annex I, their derivatives or diminutives, alone or combined, may not be used anywhere in the Community and in any Community language for the labelling and advertising of a product which has not been produced and controlled, or imported, in accordance with this Regulation, unless these terms clearly cannot be associated with agricultural production.

2. The terms listed in Annex I, their derivatives or diminutives, alone or combined or implied, may not be used anywhere in the Community and in any Community language for the labelling and advertising of a product which has not been produced or imported, controlled and certified, in accordance with this Regulation, unless these terms clearly cannot be associated with organic agricultural production.

Amendment 113

Article 17, paragraph 3

3. The terms listed in Annex I, their derivatives or diminutives, alone or combined, may not be used for a product which bears a label indicating that it contains GMOs, consists of GMOs or is produced from GMOs.

3. The terms listed in Annex I, their derivatives or diminutives, alone or combined, shall not be used for a product bearing a label indicating that it contains GMOs, consists of GMOs or is produced from or with GMOs or where evidence is provided that GMOs have contaminated the product, ingredient or feed used.

Justification

As organic producers are calling for and consumer demand implies, no misleading or deceptive messages should be given regarding the deliberate or accidental presence of GMOs in organic products, which should, moreover, be protected from the latter presence.

For the sake of consistency with recital 16 of Framework Regulation 1829/2003, a clear distinction should be made between the definitions of 'produced from GMOs' and 'produced with GMOs'.

Amendment 114

Article 17, paragraph 4

4. Member States shall take the measures necessary to ensure compliance with this Article.

4. Member States shall take the measures necessary to ensure compliance with this Article, and to prevent fraudulent use of the terms referred to in this Article.

Justification

There is still much fraudulent use of the term organic, which needs to be prevented and excluded through clear legislation.

Amendment 115

Article 18, paragraph 1, point (a)

(a) the code number referred to in Article 22(7) of the body competent for the controls to which the operator is subject;

(a) the code number referred to in Article 22(7) of the body or authority competent for the controls, certification and inspection to which the operator is subject;

Justification

Control and inspection authorities should also be included.

Amendment 116

Article 18, paragraph 1, point (b)

(b) where the logo referred to in Article 19 is not used, at least one of the indications listed in Annex II in capital lettering.

(b) the logo referred to in Article 19 and at least one of the indications listed in Annex II in capital lettering;

Justification

The logo should be compulsory so that consumers can identify organic products with ease.

Amendment 117

Article 18, paragraph 1, point (b a) (new)

 

(ba) an indication of the place of origin of the product or the agricultural raw materials of which the product consists, namely whether the product is of Community or third country origin or a combination. The place of origin shall be supplemented by the name of a country in so far as the product or raw materials from which it is produced comes or come from that specific country.

Justification

The origin of the product is frequently linked to its quality and special characteristics, factors which acquire particular importance in high quality products, such as organic products.

Amendment 118

Article 19, title

Community organic production logo

Community and national organic production logos

Amendment 119

Article 19

The Commission shall, in accordance with the procedure referred to in Article 31(2), define a Community logo which may be used in the labelling, presentation and advertising of products produced and controlled, or imported, in accordance with this Regulation.

 

The Commission shall, in accordance with the procedure referred to in Article 31(2), define a Community logo which shall be used in the labelling, presentation and advertising of products produced and controlled, or imported, in accordance with this Regulation., and which shall constitute the main identifying symbol for organic products throughout the EU.

Justification

The logo should be compulsory in order to promote a single means of identification for organic products throughout the EU market and ensure their recognition by consumers. This change would be the practical reflection of the 'single concept' approach to organic farming promulgated in the European Action Plan for Organic Food and Farming.

Amendment 120

Article 19, paragraph 1 a (new)

1a. The Community logo shall not be used in the case of processed food not complying with Article 14(1) or conversion products.

Justification

The community logo shall not be used for products containing more than 5% by weight conventional ingredients.

Amendment 121

Article 21

The Commission shall in accordance with the procedure referred to in Article 31(2) establish specific labelling requirements applicable to organic feed and to products originating from holdings in conversion.

The Commission shall in accordance with the procedure referred to in Article 31(2) establish specific labelling requirements applicable to organic feed.

Justification

Labels and advertising claims must clearly indicate the specific labelling requirements of products from holdings in conversion to organic farming.

Amendment 122

Article 21, paragraph 1 a (new)

 

Crop products may bear indications referring to conversion to organic production in labelling or advertising provided that such products satisfy the requirements of Article 12.

 

Such indications shall:

 

a) state "produced under conversion to organic farming"

 

b) appear in a colour, size and style of lettering which allows consumers to clearly identify the specific conversion product.

Justification

Labels and advertising claims must clearly indicate the specific labelling requirements of products from holdings in conversion to organic farming.

Amendment 123

Article 22, paragraph 4, subparagraph 1

The competent authority may in accordance with Article 5 of Regulation (EC) No 882/2004 delegate certain control tasks to one or more control bodies.

The competent authority may in accordance with Article 4(3) and Article 5(1) of Regulation (EC) No 882/2004 delegate certain control tasks to one or more control authorities or bodies.

Justification

The text as it stands does not include the delegation of control functions to control authorities other than the competent authority, a practice occurring in Member States such as Spain and referred to in Article 4(3) of Regulation (EEC) No 882/2004 and Article 9 of Regulation (EEC) No 2092/91.

Amendment 124

Article 22, paragraph 4, subparagraph 2

The control bodies shall fulfil the requirements set out in European Standard EN 45011 or ISO Guide 65 ‘General requirements for bodies operating product certification systems’ of the version as most recently notified by a publication in the Official Journal of the European Union, C series.

The control bodies shall be accredited in line with European Standard EN 45011 or ISO Guide 65 ‘General requirements for bodies operating product certification systems’ of the version as most recently notified by a publication in the Official Journal of the European Union, C series.

Justification

To ensure its competence and objectivity, the control body should be accredited in line with Standard 45011: fulfilling the requirements is not enough.

Amendment 125

Article 22, paragraph 7

7. Member States shall attribute a code number to each body competent to carry out controls under this Regulation.

7. Member States shall attribute a code number to each body or authority competent to carry out controls, inspections and certifications under this Regulation.

Justification

Control and inspection authorities should also be included.

Amendment 126

Article 22, paragraph 8 a (new)

 

8a. Member States shall in all cases ensure that the system of controls set up allows products to be traced at every stage of production, preparation and distribution, so as to give consumers a guarantee that organic products have been produced in compliance with this Regulation.

Justification

Traceability needs to be guaranteed at every stage of production.

Amendment 127

Article 23, paragraph 1, point (a)

(a) notify this activity to a competent authority of the Member State where the activity is carried out;

(a) notify the full scope of this activity to a competent authority of the Member State where the activity is carried out;

Amendment 128

Article 23, paragraph 4

4. The competent authority shall keep an updated list containing the names and addresses of operators subject to the control system.

 

The competent authorities and control bodies shall keep an updated list containing the names and addresses of operators subject to the control system. This list shall be made available to interested parties.

Justification

The list of operators should be kept by the control authorities and bodies and should be made available to the public.

Amendment 129

Article 24, paragraph 3 a (new)

 

3a. Regular hearings of stakeholders shall be organised in order to recognise and highlight the important role played by organic farmers in the decision-making and certification process.

Justification

Ways must be found to enable organic farmers to be continuously involved in decision-making and new methodologies for certification procedures: their proven ability to organise credible, innovative self-certification systems should be taken properly into account by Commission control bodies and national competent authorities.

Amendment 130

Article 25, paragraph 1, point (a)

(a) where an irregularity is found as regards compliance with the requirements laid down in this Regulation, ensure that the indications and the logo provided for in Articles 17, 18 and 19 are not used on the entire lot or production run affected by this irregularity;

(a) where an irregularity is found as regards compliance with the requirements laid down in this Regulation, ensure that the indications and the logo provided for in Articles 17, 18 and 19 are not used on the entire lot or production run affected by this irregularity or are removed therefrom;

Amendment 131

Article 26

Upon request duly justified by the necessity to guarantee that a product has been produced in accordance with this Regulation, the competent authorities and the control bodies shall exchange with other competent authorities and control bodies relevant information on the results of their controls. They may also exchange such information on their own initiative.

Upon request duly justified by the necessity to guarantee that a product has been produced in accordance with this Regulation, the competent authorities, national and Community stakeholder representatives involved in decision- making and the control bodies shall exchange with other competent authorities and control bodies relevant information on the results of their controls. They may also exchange such information on their own initiative.

Justification

The justifications for the amendments to Article 24 also apply here, the idea being to secure the involvement and active participation of farmers, drawing on their specific know-how.

Amendment 132

Article 27, paragraph 1

1. A product imported from a third country may be placed on the Community market labelled as organic where it complies with the provisions set out in Titles II, III and IV of this Regulation.

1. A product imported from a third country may be placed on the Community market labelled as organic where:

(a) it complies with the provisions set out in this Regulation;

 

(b) the undertakings responsible for production, importing and marketing are subject to controls equivalent to Community controls, which are carried out by an authority or body officially recognised by the Community;

 

(c) the undertakings responsible for production, importing and marketing are able at any time to provide proof that the product meets the requirements of this Regulation;

 

(d) the product is covered by a certificate issued by the competent control authority confirming compliance with this Regulation.

Amendment 133

Article 27, paragraph 2

2. A third country operator who wishes to place his products labelled as organic on the Community market, under the conditions provided for in paragraph 1, shall submit his activities to any competent authority or control body as referred to in Title V, provided that the authority or body concerned perform controls in the third country of production, or to a control body approved in accordance with paragraph 5.

2. A third country operator at any stage of the production, processing or distribution of products who wishes to place his products labelled as organic on the Community market, under the conditions provided for in paragraph 1, shall submit his activities to any competent authority, competent authority or control body as referred to in Title V, provided that the authority or body concerned perform controls in the third country of production, or to a control body approved in accordance with paragraph 5.

 

Such products shall be protected by a certificate delivered by the control authorities or bodies confirming that they comply with the conditions laid down in this article.

Justification

It is necessary to ensure that all the economic agents concerned have submitted their activities to a control system equivalent to the Community system. A certificate should be required for those products declaring that they comply with all the rules laid down in the Community regulation. Otherwise, it will not be possible to establish which products meet this condition or who is responsible for evaluating the mature of the third country's rules for these 'direct access' products.

Amendment 134

Article 27, paragraph 2 a (new)

The operator concerned must at any time be able to provide importers or national authorities with documentary evidence issued by the control authority or control body as referred to in Title V which permits the identification of the operator who carried out the last operation and verification of compliance by this operator with this Regulation.

Amendment 135

Article 27, paragraph 3, point (a)

(a) ;the product has been produced in accordance with production standards equivalent to those applied to organic production in the Community, or in accordance with the internationally recognised standards set out in the Codex Alimentarius guidelines;

(a) the product has been produced in accordance with production standards equivalent to those applied to organic production in the Community, with account being taken of the Codex Alimentarius guidelines CAC/GL 32;

Justification

Products labelled as organic marketed in the EU must comply with standards equivalent to those of the Union. The Codex Alimentarius guidelines are internationally recognised for purposes of drawing up legal rules on organic farming. However, they are neither binding nor detailed, nor do they guarantee in themselves equivalence with the Community rules. They are also incomplete as regards processed animal products.

Amendment 136

Article 27, paragraph 3, point (b)

(b) the producer has been subject to control arrangements which are equivalent to those of the Community control system, or which comply with the Codex Alimentarius guidelines;

(b) the operator has been subject to control arrangements which are equivalent to those of the Community control system, with account being taken of the Codex Alimentarius guidelines CAC/GL 32;

Justification

Products labelled as organic marketed in the EU must comply with standards equivalent to those of the Union. The Codex Alimentarius guidelines are internationally recognised for purposes of drawing up legal rules on organic farming. However, they are neither binding nor detailed, nor do they guarantee in themselves equivalence with the Community rules. It follows that they are not suitable as a criterion for the recognition of import controls.

Amendment 137

Article 27, paragraph 3, point (c)

(c) the third country operator who wishes to place his products labelled as organic on the Community market under the conditions of this paragraph has submitted his activities to a control system recognised in accordance with paragraph 4 or a control body recognised in accordance with paragraph 5;

(c) the third country operators at all stages of the production, processing and distribution of products who wish to place their products labelled as organic on the Community market under the conditions of this paragraph have submitted their activities to a control system recognised in accordance with paragraph 4 or one or more control bodies recognised in accordance with paragraph 5;

Justification

It is necessary to ensure that all the economic agents concerned have submitted their activities to a control system equivalent to the Community system. Third-country economic agents need to comply with rules equivalent to those of the Union.

Amendment 138

Article 27, paragraph 3, point (d)

(d) the product is covered by a certificate issued by the competent authorities or control bodies of a third country recognised in accordance with paragraph 4, or by a control body recognised in accordance with paragraph 5, which confirms that the product satisfies the conditions set out in this paragraph.

 

(d) the product is covered by a certificate issued by the competent authorities or control bodies of a third country recognised in accordance with paragraph 4, or by a control body recognised in accordance with paragraph 5, which confirms that the product satisfies the conditions set out in this paragraph. The Commission shall, pursuant to the procedure laid down in Article 14(2), establish the conditions governing the certificate and shall lay down implementing rules before the new import regime comes into force.

Justification

The certificate accompanying imported goods may not be similar to that defined in Regulation No 1788/2001 as a 'control certificate', since in the future import authorisations will not exist. It will be necessary to make changes to the existing certificate and determine the implementing rules before the new import regime comes into force (the expected date being 1 January 2007).

Amendment 139

Article 27, paragraph 3, point (d a) (new)

 

(da) the third-country control bodies approved under paragraph 4 or recognised under paragraph 5 satisfy European Standard EN 45011 on general criteria for product certification bodies (ISO/IEC Guide 65) and have before 1 January 2009 been accredited , in line with that standard by any accreditation body which has signed the Multilateral Recognition Agreement.

Justification

To ensure that third-country products are subject to a control regime equivalent to that of the Union, the third-country control bodies need to comply with or be accredited under Standard EN 45011. A reasonable deadline should be put in place for obtaining accreditation.

Amendment 140

Article 27, paragraph 4, subparagraph 1

The Commission shall in accordance with the procedure referred to in Article 31(2) recognise the third countries whose production standards and control arrangements are equivalent to those applied in the Community, or are in accordance with the internationally recognised standards set out in the Codex Alimentarius guidelines, and establish a list of these countries.

The Commission shall in accordance with the procedure referred to in Article 31(2) recognise the third countries whose production standards and control arrangements are equivalent to those applied in the Community and take account of the Codex Alimentarius guidelines CAC/GL 32, and establish a list of these countries.

Justification

Products labelled as organic marketed in the EU must comply with standards equivalent to those of the Union. The Codex Alimentarius guidelines are internationally recognised for purposes of drawing up legal rules on organic farming. However, they are neither binding nor detailed, nor do they guarantee in themselves equivalence with the Community rules. It follows that they are not suitable as a criterion for the recognition of import controls.

Amendment 141

Article 27, paragraph 4, subparagraph 2 a and 2 b (new)

 

The recognised control bodies or control authorities shall provide assessment reports issued by the accreditation body or, as appropriate, the competent authority on the regular on-the-spot evaluation, surveillance and multi-annual re-assessment of their activities. These assessment reports shall be published on the Internet.

On the basis of these assessment reports, the Commission, assisted by the Member States, shall ensure appropriate supervision of recognised control authorities and control bodies by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of this Regulation.

Justification

It is of crucial importance to ensure that EU consumers can trust that important organic products have been produced according to EU rules. By publishing the assessment report full transparency will be given, which will support consumers' trust in organic products.

Amendment 142

Article 27, paragraph 5 a (new)

5a. The competent national authorities shall be involved in the process recognising inspection and certification bodies. Importing operators shall send them certificates of all import activities. They shall establish a public Community database on imports.

 

The competent national and Community authorities may conduct random on-the-spot checks of the inspection and certification bodies.

Justification

National competent authorities for control must establish better cooperation in order to share important information concerning imports from third countries.

Amendment 143

Article 28, paragraph 1 a (new)

 

Member states may apply additional specific rules for organic production within their territory, provided that these rules are consistent with Community law and do not restrict the marketing of products which meet the requirements laid down in Article 20.

Justification

Member states must have the possibility to apply additional specific rules for organic farming as long as they do not restrict the marketing of organic products in the internal market.

Amendment 144

Article 31, title

Management Committee on organic production

Regulatory Committee with scrutiny on organic production

Amendment 145

Article 31, paragraph 1

1. The Commission shall be assisted by the Management Committee on organic production (hereinafter “the Committee”).

1. The Commission shall be assisted by the Regulatory Committee with scrutiny on organic production (hereinafter “the Committee”).

Amendment 146

Article 31, paragraph 1 a (new)

 

1a. The Committee shall ensure regular consultation of and cooperation with organic producer representatives and consumer representatives with a view to consistently meeting the objectives of organic production set out in Article 3, involving them in updating and implementing appropriate techniques consistent with the objectives and principles laid down in Title II.

Justification

Given that this proposal for a regulation contains few harmonisation standards, the various measures to be taken under the comitology procedure should be the responsibility of the regulatory committee, which involves the Member States in the decision-making process, rather than of the management committee.

Unlike Article 4 of Decision 1999/468/EC, Article 5 makes no reference to a time limit. Paragraph 3 should therefore be deleted.

The participation of organic farmers’ representatives in decision-making constitutes the truly original departure and the innovation where implementation of the regulation is concerned: best practice and tried and tested innovative methods can only enhance decision-making as a whole, which is to be organised under the responsibility of the Commission.

In order to make this Regulation as transparent as possible the annexes from Regulation 2092/91 should be maintained, and the comitology procedure should be reduced to a minimum.

Amendment 147

Article 31, paragraph 2

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

2. Where reference is made to this paragraph, Articles 5a(1) to (4), and 7 of Decision 1999/468/EC shall apply.

Justification

Decision 1999/468/EC was amended by Council Decision 2006/512/EC of 17 July 2006. The regulatory procedure with scrutiny allows the Commission sufficient scope for good administrative practice while involving the European Parliament and the Council. There is no reason to introduce a management committee procedure.

Amendment 148

Article 31, paragraph 2 a (new)

 

2a. The Commission shall notify the European Parliament of any planned changes to the Regulation through the comitology procedure, and shall take due account of Parliament's position thereon.

Justification

Given that this proposal for a regulation contains few harmonisation standards, the various measures to be taken under the comitology procedure should be the responsibility of the regulatory committee, which involves the Member States in the decision-making process, rather than of the management committee.

Unlike Article 4 of Decision 1999/468/EC, Article 5 makes no reference to a time limit. Paragraph 3 should therefore be deleted.

The participation of organic farmers’ representatives in decision-making constitutes the truly original departure and the innovation where implementation of the regulation is concerned: best practice and tried and tested innovative methods can only enhance decision-making as a whole, which is to be organised under the responsibility of the Commission.

In order to make this Regulation as transparent as possible the annexes from Regulation 2092/91 should be maintained, and the comitology procedure should be reduced to a minimum.

Amendment 149

Article 31, paragraph 4

4. The Committee shall adopt its rules of procedure.

4. The Committee shall adopt its rules of procedure pursuant to Article 7 of Decision 1999/468/EC.

Justification

Given that this proposal for a regulation contains few harmonisation standards, the various measures to be taken under the comitology procedure should be the responsibility of the regulatory committee, which involves the Member States in the decision-making process, rather than of the management committee.

Unlike Article 4 of Decision 1999/468/EC, Article 5 makes no reference to a time limit. Paragraph 3 should therefore be deleted.

The participation of organic farmers’ representatives in decision-making constitutes the truly original departure and the innovation where implementation of the regulation is concerned: best practice and tried and tested innovative methods can only enhance decision-making as a whole, which is to be organised under the responsibility of the Commission.

In order to make this Regulation as transparent as possible the annexes from Regulation 2092/91 should be maintained, and the comitology procedure should be reduced to a minimum.

Amendment 150

Article 32, point (a)

(a) detailed rules as regards the production rules laid down in Title III, in particular as regards the specific requirements and conditions to be respected by farmers and other producers of organic products;

(a) detailed rules as regards the production rules laid down in Title III, in particular as regards the specific requirements and conditions to be respected by farmers and other producers of organic products, including positive lists concerning crop inputs, additives, processing aids and other ingredients;

 

Justification

The positive lists should be explicitly mentioned in these rules.

Amendment 151

Annex II

- EU-ORGANIC

- ORGANIC

Justification

This term may be confusing for consumers, leading them to believe that the product originates in the European Union, whereas it may come from a third country. It should be changed in the other language versions too.

(1)

Not yet published in OJ.


EXPLANATORY STATEMENT

A paradoxical situation

Whilst organic production has seen spectacular growth since the adoption of regulation 2092/91, it still only represents 1.4 % of the total number of agricultural holdings in the 25 Member States and 3.6 % of the utilised agricultural area. However, consumer demand is continuing to grow and is also increasingly being met by imported products, which poses new problems with regard to inspection, certification and labelling.

Moreover, given that the subsidiarity principle applies in rural development, the support provided by Member States to organic farming varies very widely from one country to another, which gives rise to difficult situations and leads to distortion of competition to the detriment of those organic producers who receive the least assistance.

In fact, whilst everyone asserts that it is their intention to develop organic farming, which is fully in line with the sustainable development objectives that the European Union has set itself in the Goteborg Agenda, two different approaches have emerged, which are often at odds. One approach is essentially based on the adoption of clear, simple standards, on market principles and the facilitating of free trade, the other associated with a vision of organic farming which emphasises its importance from a regional and socio-cultural point of view and in terms of creating a sense of identity.

It should not be forgotten that the sector has emerged thanks to determined action on the part of a group of 'pioneers', who have gradually formed themselves into autonomous networks. Certification, labelling and control systems have to a large extent been developed by the organic sector in cooperation between farmers and consumers. They have built the trust that organic production includes environmentally friendly practices, animal welfare and healthy food instead of burdening the costs of environmental pollution and the increasing loss of biodiversity on the society.

The question is therefore: How can organic farming be significantly developed, and its contribution to food production and consumption increased, without destroying its specific features and without undermining the trust which is currently placed in it?

Why introduce a new regulation?

In June 2004 the Commission adopted the European Action Plan for Organic Food and Farming, which set out 21 areas of action designed to facilitate the development of the sector. In its opinion on the Action Plan, Parliament called in particular for a commitment to more proactive, better financed measures. Several of the actions set out in the plan entail, according to the Commission, making changes to Regulation 2092/91 in order to lay down more explicitly the principles and objectives of organic farming, safeguard the integrity of the inspection system, overcome dysfunctions of the internal market caused by private logos and standards, complete and improve standards and make import provisions more efficient.

In fact, however, those operating in the sector as well as consumers expected a review establishing a clearer structure of the legislation, but have not sought such a large-scale change, and are rightly concerned about the desire of the Commission to redefine the rules and to consult the stakeholders and the Parliament only on the general framework of the regulation.

Praiseworthy objectives but questionable methodology

Whilst no one would question the importance of tidying up a regulation that over the years has become unwieldy and complex, and of tidying up the transitional derogations provided for, the determination of Commission and Council to press ahead with a more fundamental review than previously announced, using a new legislative approach, has given rise to strong protests and serious concerns.

In contrast to previous consultations on regulation 2092/91 and its revision in 1998 including livestock, the Commission has decided to replace the existing annexes by implementing rules on which the Parliament is not consulted. The Commission believes that implementing rules are purely technical, and should be defined according to the commitology procedure.

Your draftswoman disagrees with this interpretation. The current annexes include legislative substance, such as e.g. the definition of the positive list of authorized products and practices in organic farming. In the light of the conflict which arose between the Parliament and the Commission in 1993 on the authorisation of GMOs in organic farming via commitology procedure including a case at the European Court of Justice, it would be wiser to avoid new disputes through proper consultation. Your draftswoman suggests therefore in AM 177 that Parliament should be consulted on the implementing rules or have the right -as the Council has - to veto on the implementing rules once they have been approved or changed.

Key points on which clarification and improvement is needed

With regard to the substance of the text, a number of aspects have - despite positive progress on, for example, the feeding of livestock - raised immediate questions, calling for clarification and requiring clear choices to be made:

- The definitions given, as well as the principles and objectives laid down for organic farming, are too general and would be subject to differing interpretation if left as they currently stand. If consumer trust is to be maintained, clear, precise and strict definitions are, on the contrary, needed.

- The scope of the provisions suggested by the Commission exclude catering and non-food products, despite the fact that these two areas are experiencing growing demand for organic products, which needs to be responded to in an organised way. On the other hand, the new regulation is to include aquaculture and the organic wine sector, which is extremely welcome.

In line with many Member States which would like to see public canteens, restaurants and catering using organic products included in the scope of the regulation, your draftswoman suggests in AM 1 to adopt as legal basis of the regulation both Article 37 and Article 95 of the Treaty.

- The point which has given rise to the most controversy is the new provision on acceptable ' flexibility' in relation to the regulation, which, as envisaged in the Commission proposal, would allow exceptions imposing less strict conditions. This flexible scope of conditions is in sharp contrast to the Commission's proposal, not to allow the highlighting of indications of the countries of origin and specifications of private organic standards, which for years have been used as a basis for public or private national or regional logos and have contributed to build consumers' trust.

These logos do not confuse consumers or distort the internal market, as the Commission claims, but stimulate and differentiate supply and demand. Provided that the labelling and advertising of such products are based on specific and verifiable facts, it is unthinkable that the operation of private associations which function effectively, supplying clearly identified products, should be undermined in favour of a common EU label and elastic, unfamiliar rules which would risk damaging consumer trust.

- The provisions on the use, in particular, of plant protection products and veterinary treatments, which until now have been prohibited in organic farming, are more flexible in the draft regulation, despite the fact that this aspect is very important in terms of the attraction of organic production for consumers.

- The regulation stresses that the use of genetically modified organisms is prohibited in organic production. However, as the current discussions in the Council show, there is still confusion about definitions of products made by or from GMO. The future rules should enable organic farmers to produce without any contamination. The Commission has not shown the intention to draft a common legislative framework which can exclude the contamination of farms and products throughout the food chain. Details of the means to be employed in order to apply the precautionary principle at all stages of production and rules on issues of coexistence and responsibility in the event of contamination have yet to be laid down.

- Finally, the regulation must aim to ensure the independence and reliability of inspection and certification bodies, in particular in their relations with importers and operators in third countries, by means of a clear, reliable accreditation system based on the most stringent standards applicable.

- It is not acceptable, however, that the indication 'EU ORGANIC' should be permitted to be applied to products from third countries without further information being given on the national or regional origin. Consumers have the right to know the origin of the organic products they are purchasing, even if they meet European standards.

Giving a fresh boost to organic farming

The review of the European regulation on organic farming can, and should, provide an opportunity for giving a genuine boost to this form of production. The benefits of this production are now recognised and demand grows in our societies. That is on condition, however, that the necessary harmonisation and clarification are not at the expense of strict requirements and trust, which are the cornerstones of organic farming!

For all that, whilst this revised regulation is necessary, it will not be sufficient to resolve the equally (or even more) important issues of support to encourage organic farming within the framework of the Common Agricultural Policy (which is currently very low), the structuring of marketing and distribution networks, and the setting of prices that both provide reasonable returns for producers and are affordable for consumers.

Organic farming is, in fact, not merely a niche market to be developed, but above all represents an integrated approach to agriculture which takes account of all of its dimensions (including economic and employment aspects, associated with environment, land, health, etc), and should inspire overall reform of the Common Agricultural Policy with a view to ensuring genuinely sustainable development.


OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS

13.3.2007

Mr Neil Parish

Chairman

Committee on Agriculture and Rural Development

BRUSSELS

Subject:           Opinion on the legal basis of the Proposal for a Council Regulation on organic production and labelling of organic products (COM(2005)0671 – C6‑0032/2006 – 2005/0278(CNS))(1)

Dear Chairman,

By letter of 29 November 2006 the then Chairman of your committee, Mr Joseph Daul, asked the Committee on Legal Affairs pursuant to Rule 35(2), to consider whether the legal basis of the above Commission proposal was valid and appropriate.

Mr Daul's letter raises the question whether Article 95 of the EC Treaty could be added to Article 37 as the appropriate legal basis for the proposed act, which the Committee on Legal Affairs duly considered at its meetings of 29/30 January 2007 and 26/27 February 2007.

Pertinent provisions of the EC Treaty

Article 95

1.   By way of derogation from Article 94 and save where otherwise provided in this Treaty, the following provisions shall apply for the achievement of the objectives set out in Article 14. The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.

2.   Paragraph 1 shall not apply to fiscal provisions, to those relating to the free movement of persons nor to those relating to the rights and interests of employed persons.

3.   The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective.

4.   If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

5.   Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.

6.   The Commission shall, within six months of the notifications as referred to in paragraphs 4 and 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed to have been approved.

When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months.

7.   When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions derogating from a harmonisation measure, the Commission shall immediately examine whether to propose an adaptation to that measure.

8.   When a Member State raises a specific problem on public health in a field which has been the subject of prior harmonisation measures, it shall bring it to the attention of the Commission which shall immediately examine whether to propose appropriate measures to the Council.

9.   By way of derogation from the procedure laid down in Articles 226 and 227, the Commission and any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in this Article.

10.   The harmonisation measures referred to above shall, in appropriate cases, include a safeguard clause authorising the Member States to take, for one or more of the non-economic reasons referred to in Article 30, provisional measures subject to a Community control procedure.

Article 37

1.   In order to evolve the broad lines of a common agricultural policy, the Commission shall, immediately this Treaty enters into force, convene a conference of the Member States with a view to making a comparison of their agricultural policies, in particular by producing a statement of their resources and needs.

2.   Having taken into account the work of the Conference provided for in paragraph 1, after consulting the Economic and Social Committee and within two years of the entry into force of this Treaty, the Commission shall submit proposals for working out and implementing the common agricultural policy, including the replacement of the national organisations by one of the forms of common organisation provided for in Article 34(1), and for implementing the measures specified in this title.

These proposals shall take account of the interdependence of the agricultural matters mentioned in this title.

The Council shall, on a proposal from the Commission and after consulting the European Parliament, acting by a qualified majority, make regulations, issue directives, or take decisions, without prejudice to any recommendations it may also make.

3.   The Council may, acting by a qualified majority and in accordance with paragraph 2, replace the national market organisations by the common organisation provided for in Article 34(1) if:

(a) the common organisation offers Member States which are opposed to this measure and which have an organisation of their own for the production in question equivalent safeguards for the employment and standard of living of the producers concerned, account being taken of the adjustments that will be possible and the specialisation that will be needed with the passage of time;

(b) such an organisation ensures conditions for trade within the Community similar to those existing in a national market.

4.   If a common organisation for certain raw materials is established before a common organisation exists for the corresponding processed products, such raw materials as are used for processed products intended for export to third countries may be imported from outside the Community.

Content of the draft Regulation

The proposal for a regulation on organic production and labelling of organic products aims to define more explicitly the objectives, principles and rules applicable to organic production in order to contribute to transparency and consumer confidence and to introduce a harmonised perception of the concept of organic production.

Indeed, as Recital 2 of the proposal makes clear, "legislation on organic production plays an increasingly important role in the agricultural policy framework and is closely related to the developments on the agricultural markets".

In this regard, the proposal formulates the following objectives for organic production:

· protection of consumers’ interests, ensuring consumer confidence and avoiding misleading labelling;

· development of organic production while taking account of regional differences in climate, farming conditions and the stage of development of organic farming;

· a high level of protection of the environment, biodiversity and natural resources;

· respect for high animal welfare standards that fully meet species-specific needs.

The subject-matter and the scope of the Regulation relates to:

· the production, placing on the market, import, export and controls of organic products;

· the use of indications referring to organic production in labelling and advertising.

It is to apply to the following products originating from agriculture or aquaculture where such products are intended to be marketed as organic:

· unprocessed plant and livestock products and livestock;

· processed plant and livestock products which are intended for human consumption (“processed food”);

· live or unprocessed products of aquaculture;

· processed products of aquaculture which are intended for human consumption;

· feed.

However, it is not to apply to products of hunting and fishing of wild animals.

As far as the labelling of organic products is concerned, the proposed regulation defines more explicitly the current rules on the use of or references to "organic", and derivatives, diminutives and translations thereof, in order to continue to protect the term "organic".

The Committee on Legal Affairs notes, however, that a number of amendments adopted by the Agriculture Committee alter the focus of the proposed instrument, making it more concerned with the establishment and functioning of the internal market. In particular, the amendments bring within the scope of the proposed legislation catering, canteens, restaurants, etc, which, together with the existing provisions on labelling, logos and advertising, have a marked effect on its centre of gravity.

Appraisal

All Community acts must be founded upon a legal basis laid down in the Treaty (or in another legal act which they are intended to implement). The legal basis defines the Community's competence ratione materiae and specifies how that competence is to be exercised, namely the legislative instrument(s) which may be used and the decision-making procedure.

It is clear from settled case-law of the Court of Justice that the choice of legal basis is not at the discretion of the Community legislator but must be determined by objective factors which are susceptible of judicial review(2), such as the aim and content of the measure in question(3). Furthermore, the decisive factor should be the main object of a measure(4).

According to the case-law of the Court of Justice, a general Treaty article constitutes a sufficient legal basis even though the measure in question also seeks, in a subordinate manner, to attain an aim sought by a specific Treaty article(5).

However, where a measure has several contemporaneous objectives which are indissolubly linked with each other without one being secondary and indirect in respect to the others, the measure must be based on the various relevant Treaty provisions(6), unless this is impossible on account of the mutual incompatibility of the decision-making procedures laid down by the provisions(7).

In the light of the above, it is to be established whether Article 95 of the EC Treaty can be added to Article 37 as the pertinent legal basis of the act in question.

As has been seen from the analysis of the provisions of the proposed legislation, the amendments adopted by the Agriculture Committee have shifted the centre of gravity more towards the establishment and functioning of the internal market, yet without the internal-market objectives being secondary and indirect in respect to the agricultural objectives.

Conclusions

At its meeting of 27 February 2007 the Committee on Legal Affairs accordingly decided, unanimously(8), to recommend to you that the proposal for a regulation should be based on both Article 37 and Article 95 of the EC Treaty.

Yours sincerely,

Giuseppe Gargani

(1)

Not yet published in the OJ.

(2)

Case 45/86, Commission v. Council [1987] ECR 1439, para. 5.

(3)

Case C-300/89, Commission v. Council [1991] ECR I-287, para. 10, and Case C-42/97, European Parliament v. Council [1999] ECR I-869, para. 36.

(4)

Case C-377/98, Netherlands v. European Parliament and Council [2001] ECR I-7079, para. 27.

(5)

Case C-377/98 Netherlands v. European Parliament and Council [2001] ECR I-7079, paras 27-28; Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paras 93-94.

(6)

Case C-165/87 Commission v. Council [1988] ECR 5545, para. 11.

(7)

See, e.g., Case C-300/89 Commission v. Council [1991] ECR I-2867, paras 17-21 (Titanium dioxide case), Case C-388/01 Commission v. Council [2004] ECR I-4829, para. 58 and Case C-491/01 British American Tobacco [2002] ECR I-11453, paras 103-111.

(8)

The following were present for the final vote: Giuseppe Gargani (Chairman), Rainer Wieland, Lidia Joanna Geringer de Oedenberg, (Vice-Chairmen), Wolfgang Bulfon, Bert Doorn, Klaus-Heiner Lehne, Eva Lichtenberger, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Jacques Toubon, Jaroslav Zvěřina.


OPINION of the Committee on the Environment, Public Health and Food Safety

for the Committee on Agriculture and Rural Development

on the proposal for a Council regulation on organic production and labelling of organic products

(COM(2005)0671 – C6‑0032/2006 – 2005/0278(CNS))

Draftsman: Roberto Musacchio

SHORT JUSTIFICATION

The EC proposal includes two draft regulations. The first one considers offering a new framework of activity for organic agriculture, updating objectives and principles so as to increase the importance of this sector in the internal market. The second one proposes a temporary adaptation and derogation to end by 1 January 2009, as the scheduled implementation tasks of the first are very narrow, in order not to distort the market and to ensure fair trade conditions for those third country operators or producers providing organic products to EU consumers.

The Commission proposal is welcome and will be helpful to the development of harmonised standards within organic agriculture: in this sector consumers’ demand has increased over the last years, mainly in providing organic products to institutional canteens according to very strict terms of tendering as set up by both public and private authorities. For this reason, the proposal has to be completed by extending its scope to these areas.

However, organic producers are not only market oriented in providing competitive and well-appreciated products both in the food sector and in the non-food sector, such as textiles or cosmetics: their main aim is to safeguard soil assigned to agriculture for sustainable development, away from the risk of erosion, floods and other natural disasters. Thus thanks to their capacities and their know-how related to the best choices regarding how to improve soil fertility and animal welfare, they are able to offer competitive products while guaranteeing social rural development within the EU.

Consumers’ demand for these products thus requires meeting completely different quality standards from those applying to other conventional products available in agriculture. The total absence of pesticides and GMOs is an essential requirement: no accidental contamination should be tolerated. Eco-labelling of organic products must be consistent with these objectives. No applicable threshold related to the presence of GMOs should be laid down: GMOs have to be avoided at all costs due to possible coexistence with other agricultural areas where they could be partially tolerated or used. Finally, quality control and assessment of new or innovative methods to ensure organic certification should apply more to the established best practices involving participation and regular consultation of producers and to ISO 65/EN 45011 than to Regulation (EC) No 882/2004, in which conventional controls are provided for, even if in the very near future the Commission were to propose updated derogations to be used specifically for organic production.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission(1)  Amendments by Parliament

Amendment 1

Recital 1

(1) Organic production is an overall system of farm management and food production that combines best environmental practices, a high level of biodiversity, preservation of natural resources, application of high animal welfare standards and production in line with the preference of certain consumers for products produced using natural substances and processes. The organic production method thus plays a dual societal role, where it on the one hand provides for a specific market responding to a consumer demand for organic products, and on the other hand delivers public goods contributing to the protection of the environment and animal welfare, as well as to rural development.

(1) Organic production is an overall system of farm management and food production that combines best environmental practices, a high level of biodiversity, preservation of natural resources and application of high animal welfare standards, and aims to improve soil fertility by natural means and to ensure production in line with the preference of certain consumers for products produced using natural substances and processes. The organic production method thus plays several positive roles: not only does it provide for a specific market responding to a consumer demand for organic products, while delivering public goods not only limited to the food sector, but also and above all it contributes to the protection of the environment and animal welfare, as well as to social rural development.

Justification

Organic producers aim first and foremost to conserve natural soil fertility, employing the best possible practice in social and environmental terms; techniques along these lines enable them to deliver competitive products and hence satisfy a growing consumer demand.

Amendment 2

Recital 2

(2) The contribution of the organic agricultural sector is on the increase in most Member States. Growth in consumer demand in recent years is particularly notable. Recent reforms of the common agricultural policy, with its emphasis on market-orientation and the supply of quality products to meet consumer demands, are likely to further stimulate the market in organic produce. Against this background the legislation on organic production plays an increasingly important role in the agricultural policy framework and is closely related to the developments on the agricultural markets.

(2) The contribution of the organic agricultural sector is on the increase in most Member States. Growth in consumer demand in recent years is particularly notable. Recent reforms of the common agricultural policy, with its emphasis on market orientation and the supply of quality products to meet consumer demands, are likely to further stimulate the market in organic produce. Against this background the legislation on organic production plays an increasingly important role in the agricultural policy framework and is closely related to the developments on the agricultural markets and linked to the protection and safeguarding of soils assigned to agricultural activities.

Justification

Protection of farmland and purposeful development of areas to be given over to organic production are closely linked to improvements in agricultural market policies.

Amendment 3

Recital 2 a (new)

 

(2a) Each piece of legislation and policy which the European Union adopts in this area should contribute to the development of organic farming and organic production as defined in this Regulation. Organic farming plays an important role in the implementation of the Union's sustainable development policy.

Justification

Organic farming is closely related to the sustainable development policy; other policies and pieces of legislation should follow the example of this policy by taking account of this type of production and helping to achieve the objectives which have been set.

Amendment 4

Recital 3

(3) The Community legal framework governing the sector of organic production should pursue the objective of ensuring fair competition and a proper functioning of the internal market in organic products, and of maintaining and justifying consumer confidence in products labelled as organic. It should further aim at providing conditions under which this sector can progress in line with production and market developments.

(3) The Community legal framework governing the sector of organic production should pursue the objective of ensuring fair competition and a proper functioning of the internal market in organic products, and of maintaining and justifying consumer confidence in products labelled as organic. It should further aim at providing conditions under which this sector can progress in line with production and market developments as well as sustainable environmental development.

Justification

Organic production can be promoted by means of innovative legislative measures consistent not only with market policies, but also with sustainable development.

Amendment 5

Recital 7

(7) A general Community framework of organic production rules should be established with regard to plant and livestock production, including rules on conversion, as well as on production of processed food and of feed. Competence to determine the details of those general rules and to adopt Community production rules for aquaculture should be conferred on the Commission.

(7) A general Community framework of organic production rules should be established with regard to plant and livestock production, including rules on conversion, as well as on production of processed food and of feed. Competence to determine the details of those general rules should be conferred on the Commission.

Justification

Due to specific environmental problems connected to aquaculture and its high impact on the environment, production rules for aquaculture should not be adopted through comitology (as is now proposed in article 10), but should rather be subject to full parliamentary scrutiny.

Amendment 6

Recital 8

(8) The development of organic production should further be facilitated in particular by fostering the use of new techniques and substances better suited to organic production.

(8) The development of organic production should further be facilitated, on the basis of established best practices, in particular by fostering the use of new techniques and substances better suited to organic production.

Justification

The numerous organic farming experiments of recent years should be taken into account so as to consolidate best practice and offer lasting growth prospects, not least to new organic farmers.

Amendment 7

Recital 9

(9) Genetically modified organisms (GMOs) and products produced from or by GMOs are incompatible with the concept of organic production and consumers’ perception of organic products. They should therefore not be deliberately used in organic farming or in the processing of organic products.

(9) Genetically modified organisms (GMOs) and products produced from or with GMOs are incompatible with organic production and not consistent with consumers’ perception of organic products. They should therefore not be used in organic farming or in the processing of organic products: accidental contamination due to coexistence with GMO production areas should be avoided.

Justification

Whether in seeds or in products, the use of GMOs must be banned from organic production. Contamination might result accidentally from coexistence with conventional crops if GMOs were permitted, even to a limited extent. That possibility must be completely averted in order to safeguard organic production and ensure that the high quality that it denotes continues to be perceived accurately by consumers.

Amendment 8

Recital 9 a (new)

 

(9a) The use of synthetic plant protection products is incompatible with organic production.

Justification

Self-explanatory amendment consistent with recitals 10 to 13, which relate to the exclusive use of renewable resources, multi-annual crop rotation and the compatibility of additional fertilisers with organic production.

Amendment 9

Recital 16

(16) Organic stock farming should respect high animal welfare standards and meet animals’ species–specific behavioural needs and animal-health management should be based on disease prevention. In this respect, particular attention should be paid to housing conditions, husbandry practices and stocking densities. Moreover, the choice of breeds should favour slow growing strains and take account of their capacity to adapt to local conditions. The implementing rules for livestock production and aquaculture production shall ensure compliance with at least the provisions of the European Convention to the Protection of Animals kept for Farming purposes (T-AP) and its subsequent recommendations.

(16) Organic stock farming should respect high animal welfare standards and meet animals’ species–specific behavioural needs and animal-health management should be based on disease prevention. In this respect, particular attention should be paid to housing conditions, husbandry practices and stocking densities. Moreover, the choice of breeds should favour slow growing strains and take account of their capacity to adapt to local conditions. The implementing rules for livestock production shall ensure compliance with at least the provisions of the European Convention to the Protection of Animals kept for Farming purposes (T-AP) and its subsequent recommendations.

Justification

See justification of the amendment on recital 7.

Amendment 10

Recital 18

(18) Pending the adoption of Community production rules for aquaculture, Member States should have the possibility to provide for the application of national standards, or in the absence thereof private standards accepted or recognised by the Member States. However, to prevent disturbances on the internal market, Member States should be required to recognise each other’s production standards in this field.

deleted

Justification

See justification of the amendment on recital 7.

Amendment 11

Recital 19

(19) Organic processed products should be produced by the use of processing methods which guarantee that the organic integrity and vital qualities of the product are maintained through all stages of the production chain.

(19) Organic processed products should be produced by the use of processing methods which guarantee that the organic integrity and vital qualities of the product are maintained through all stages of the production chain. The increased commercial availability of ingredients from organic agriculture over the past years will help to achieve this aim.

Justification

The high quality and ‘organic integrity’ of products at every production stage will be helped by the fact that organically produced ingredients are increasingly becoming available on the market.

Amendment 12

Recital 25

(25) In order to create clarity throughout the Community market, a simple standardised reference should be made obligatory for all organic products produced within the Community, at least where such products do not bear the Community organic production logo. The possibility to use this reference should also apply to organic products imported from third countries, but without any obligation to do so.

(25) In order to create clarity throughout the Community market, a simple standardised reference should be made obligatory for all organic products produced within the Community, at least where such products do not bear the Community organic production logo. The possibility of using this reference should also apply to organic products imported from third countries.

Justification

The option of referring to Community standards where organic products are concerned offers an opportunity and a guarantee both to third country retailers and producers of such products and to EU consumers.

Amendment 13

Recital 28

(28) In order to ensure that organic products are produced in accordance with the requirements laid down under the Community legal framework on organic production, all activities falling under the scope of this legislation should be controlled throughout the production chain and be in conformity with the rules laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules.

(28) In order to ensure that organic products are produced in accordance with the requirements laid down under the Community legal framework on organic production, all activities falling under the scope of this legislation should be controlled throughout the production chain on the basis of ISO 65/EN 45011 as developed specifically for organic agriculture worldwide within the IFOAM (International Federation of Organic Agriculture Movements) Accreditation Criteria.

Justification

Regulation (EC) No 882/2004 is not suited to the specific and original nature of the organic production chain and does not allow stakeholders to be fully involved in checking procedures, an area in which organic producers themselves were, on the contrary, the first to introduce certification models at every production stage. Enforcement of the rules laid down for conventional farming, unless they were amended along the lines suggested in Article 63(2) of Regulation (EC) No 882/2004 and in that way geared more closely to the specific features of organic production, would mean that organic products would needlessly be made subject to approval similar to the procedures applied to conventional products.

Amendment 14

Recital 36

(36) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Considering that the legislation on organic production is an important factor in the framework of the Common Agricultural Policy, as it is closely related to the developments on the agricultural markets, it is appropriate to bring it in line with existing legislative procedures used to manage the this policy. The powers conferred on the Commission under this Regulation should therefore be exercised in accordance with the management procedure provided for in Article 4 of Decision 1999/468/EC,

(36) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Considering that the legislation on organic production is an important basic factor in the framework of the common agricultural policy and of a sustainable environmental policy, it is appropriate to provide for regular consultation of stakeholders consistent with the aim of this Regulation, in line with existing legislative procedures used to manage this policy. The powers conferred on the Commission under this Regulation should therefore be exercised in accordance with the regulatory procedure provided for in Article 5 of Decision 1999/468/EC,

Justification

The originality of organic production lies in the high degree of stakeholder involvement and ongoing consultation with stakeholders. Their involvement in fundamental changes to current techniques and procedures constitutes an asset to the production chain as a whole.

Amendment 15

Article 1, paragraph 1, point (a)

(a) the production, placing on the market, import, export and controls of organic products;

(a) the production, placing on the market, import, export and controls of organic products, including in catering operations, factory canteens, institutional catering, restaurants or other similar food service operations;

Justification

More and more users are turning to organic food for works canteen and individual catering services. The demand for organic products is growing first and foremost in school canteens:; regulated by clear specifications laid down by public and private authorities, it accounts in this sector for quite a substantial turnover within the internal market.

Amendment 16

Article 1, paragraph 2, introductory part

2. This Regulation shall apply to the following products originating from agriculture or aquaculture, where such products are intended to be marketed as organic:

2. This Regulation shall apply to the following products originating from agriculture, where such products are intended to be marketed as organic:

Justification

See justification of the amendment on recital 7.

Amendment 17

Article 1, paragraph 2, point (c)

(c) live or unprocessed products of aquaculture;

deleted

Justification

See justification of the amendment on recital 7.

Amendment 18

Article 1, paragraph 2, point (d)

(d) processed products of aquaculture which are intended for human consumption;

deleted

Justification

See justification of the amendment on recital 7.

Amendment 19

Article 1, paragraph 2, point (e a) (new)

 

(ea) textile products, cosmetics and other non-food products.

Justification

The rules to be laid down in this regulation must also cover non-food sectors, especially textile care detergents and cosmetics.

Amendment 20

Article 1, paragraph 3, subparagraph 2

However, it shall not apply to catering operations, factory canteens, institutional catering, restaurants or other similar food service operations.

deleted

Justification

The justification is given in the amendment to Article 1, paragraph 1, point (a): excluding the above sectors from the scope of the regulation would harm the producers and retailers involved in supplying organic products for all food service operations, wherever a demand exists.

Amendment 21

Article 2, point (b)

(b) ‘organic product’ means an agricultural product coming from organic production;

(b) ‘organic product’ means an agricultural product coming from organic production in which no synthetic plant protection products, GMO products, or feed or ingredients containing GMOs, in whole or in part, are used;

Justification

Reinforces the objective of organic farming and will help consumers to understand the difference between conventional products and the high-quality products supplied by organic farmers.

Amendment 22

Article 2, point (e)

(e) ‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing or cultivation stage, up to and including harvesting;

deleted

Justification

See justification of the amendment on recital 7.

Amendment 23

Article 2, point (m)

(m) ‘mark of conformity’ means the assertion of conformity to a particular set of standards or other normative documents in the form of a mark;

(m) ‘mark of conformity’ means the assertion of compliance with the requirements deriving from a particular set of standards or other normative documents in the form of a mark;

Justification

The proposal seeks to tidy up the language by introducing a definition in accordance with the terminology used in European standards, such as the EN ISO 9000 series on quality and the EN ISO 14000 series on environmental management, where conformity is defined as compliance with requirements.

Amendment 24

Article 2, point (r)

(r) ‘products produced by GMOs’ means food and feed additives, flavourings, vitamins, enzymes, processing aids, certain products used in animal nutrition (under Directive 82/471/EEC ), plant protection products, fertilisers and soil conditioners, produced by nourishing an organism with materials that are in whole or in part GMOs

(r) ‘products produced with GMOs’ means food and feed additives, flavourings, vitamins, enzymes, processing aids, certain products used in animal nutrition (under Directive 82/471/EEC), plant protection products, fertilisers and soil conditioners, produced by nourishing an organism with materials that are in whole or in part GMOs;

Justification

The same definition category 'produced with GMOs' (not 'by GMOs') should be used for the sake of consistency with recital 16 of Framework Regulation 1829/2003.

Amendment 25

Article 3, point (b)

(b) It shall establish a production of food and other agricultural products that responds to a consumer demand for goods produced by use of natural processes, or processes that are comparable to natural processes, and naturally occurring substances.

(b) It shall establish a production of food and other agricultural products including non-food products that could respond to a consumer demand for goods produced by use of natural processes and naturally occurring substances.

Justification

Organic producers aim above all to safeguard renewable natural resources: by employing appropriate techniques, including sustainable social policies, they can deliver competitive products of the kind that consumers want. However, it is not just market demand that determines production criteria and decisions to expand organic farming: a further contributory factor is the resolve shown by producers in giving over increasingly larger areas to sustainable agriculture making for balanced development of human resources.

Amendment 26

Article 4, points (a) to (c)

(a) the use of living organisms and mechanical production methods shall be preferred to the use of synthetic materials;

 

(a) only living organisms and mechanical production methods shall be used, the use of synthetic materials and production methods involving synthetic materials being acceptable only in accordance with Article 16;

 

(b) natural substances shall be used in preference to chemically synthesised substances, which may be used only where natural substances are not commercially available;

(b) only natural substances shall be used, and chemically synthesised substances may be used only where natural substances are not commercially available, temporarily and in accordance with the derogations referred to in Article;

(c) GMOs and products produced from or by GMOs may not be used, with the exception of veterinary medicinal products

 

(c) GMOs and products produced from or with GMOs shall not be used;

 

Justification

The wording proposed in points (a) and (b) is vague and reduces the scope of these principles. They should be worded more affirmatively, without however banning the possibility of using synthetic materials and non-mechanical methods in serious or far-reaching situations requiring a rapid response derogating from the principles and rules governing organic production.

For the sake of consistency with recital 16 of Framework Regulation 1829/2003, a clear distinction should be made between the definitions of 'produced from GMOs' and 'produced with GMO.

For the sake of completeness veterinary medicinal products should not be exempted from this regulation. There is today a wide ranging selection of organic veterinary medicines on the market; therefore these medicines should be used with organic farming.

Amendment 27

Article 4, point (d a) (new)

 

(da) organic production shall maintain and create employment, enable farmers and consumers to establish a social compact for sustainable practices, quality food production and consumption, including a combination of measures for nature conservation, sustainable production and short-distance marketing;

Justification

The objectives need to reflect the integrative role of organic farming in bringing conservation and quality production together in a well defined production system.

Amendment 28

Article 4, point (d b) (new)

 

(db) organic production shall safeguard product quality, integrity and traceability throughout the food chain.

Justification

The objectives need to reflect the integrative role of organic farming in bringing conservation and quality production together in a well defined production system.

Amendment 29

Article 5, point (c)

(c) the use of non-renewable resources and off-farm inputs shall be minimized;

(c) the use of non-renewable resources and off-farm inputs shall be minimized and organic farmers should promote the use of renewable resources;

Justification

Consistent with the aims of organic production: adverse effects should be avoided by giving organic farmers the opportunity to use mainly renewable energies.

Amendment 30

Article 5, point (n)

(n) aquaculture production shall minimise the negative effect on the aquatic environment;

(n) aquaculture production shall avoid any possible negative effect on the aquatic environment;

Justification

Consistent with the aims of organic production: adverse effects should be avoided.

Amendment 31

Article 7, paragraph 1, subparagraphs 2 and 3

However, in accordance with specific conditions to be laid down in accordance with the procedure referred to in Article 31(2), a holding may be split up into clearly separated units which are not all managed under organic production.

 

Where, in accordance with the second subparagraph, not all of a farm is used for organic production, the farmer shall keep the land, animals, and products used for organic production separate from the rest and keep adequate records to show the separation.

 

Justification

The split of a holding into a part which is managed according to this regulation and a part which is managed conventionally is not acceptable, as fraud will be very difficult to avoid.

Amendment 32

Article 7, paragraph 1, subparagraph 2

However, in accordance with specific conditions to be laid down in accordance with the procedure referred to in Article 31(2), a holding may be split up into clearly separated units which are not all managed under organic production.

(Does not affect English version.)

Justification

(Does not affect English version.)

Amendment 33

Article 7, paragraph 2

2. Farmers are required not to use GMOs or products produced from GMOs where they should have knowledge of their presence due to information on any label accompanying the product or from any other accompanying document.

2. Farmers are required not to use GMOs or products produced from or with GMOs.

 

Label indications accompanying products or ingredients to be used or any other accompanying document, linked in any way to the evidence of a GMO presence, are not appropriate to guarantee quality in organic products and must therefore be avoided.

Where farmers use products purchased from third parties to produce organic food or feedstuffs, they shall require the vendor to confirm that the products supplied have not been produced by GMOs.

Where farmers or any other provider of organic produce use products purchased from third parties to produce organic food or feedstuffs, they must require the vendor to confirm in writing that the products supplied have not been produced in whole or in part with GMOs and do not contain GMOs.

 

In the case of adventitious or technically unavoidable contamination with GMO, operators must provide evidence that they have taken all necessary steps to avoid such contamination.

Justification

Given their originality and diversity compared with conventional products, organic products cannot be harmonised with the requirement applying to conventional products to specify a threshold for (even very low) deliberate contamination by GMOs. No threshold can be accepted for organic products: they must be free of GMOs.

However, there must be a requirement of guarantees when products are purchased from third parties.

Written confirmation provides evidence that the product complies with the rules laid down.

Amendment 34

Article 9, point (b), point (v)

(v) organic livestock shall be kept separate or readily separable from other livestock;

(v) organic livestock shall be kept separate from other livestock;

Justification

The deleted phrase is a contradiction - in practice the livestock may remain unseparated throughout their lives.

Amendment 35

Article 13, paragraph 4, subparagraph 2

Where feed manufacturers use ingredients and additives purchased from third parties to produce feedstuffs for organic livestock, they shall require the vendor to confirm that the products supplied have not been produced by GMOs.

Where feed manufacturers use ingredients and additives purchased from third parties to produce feedstuffs for organic livestock, the vendor shall, at the feed manufacturer's request, confirm in writing that the products supplied have not been produced in whole or in part from or with GMOs.

Justification

Given their originality and diversity compared with conventional products, organic products cannot be harmonised with the requirement applying to conventional products to specify a threshold for (even very low) deliberate contamination by GMOs. No threshold can be accepted for organic products: they must be free of GMOs. Written confirmation provides evidence that the product complies with the rules laid down (cf. Article 7(2).

If the use of GMO products is prohibited in organic farming, the user should be obliged to request a document certifying that GMOs have not been used and the supplier should be obliged to provide this document.

Amendment 36

Article 14, paragraph 3, subparagraph 2

Where processors use ingredients and processing aids purchased from third parties to produce organic food or feedstuffs, they shall require the vendor to confirm that the products supplied have not been produced by GMOs.

Where processors use ingredients and processing aids purchased from third parties to produce organic food or feedstuffs, the vendor shall, at the feed processor's request, confirm in writing that the products supplied have not been produced from or with GMOs.

Justification

If the use of GMO products is prohibited in organic farming, the user should be obliged to request a document certifying that GMOs have not been used and the supplier should be obliged to provide this document.

Written confirmation provides evidence that the product complies with the rules laid down (see above).

Amendment 37

Article 14, paragraph 3 a (new)

 

3a. Member States may maintain or introduce stricter rules for the production of processed food on condition that such rules are in compliance with Community law, and do not hinder or restrict the free movement of products that comply with this Regulation.

Justification

The Member States should have the possibility of imposing stricter rules with regards to the production of processed food in organic production. This is important for the possibility of competition on more ethical products, and will give the consumers a wider ranging choice of organic products.

Amendment 38

Article 15, paragraph 3 a (new)

 

3a. Member States may maintain or introduce stricter rules for the use of certain products and substances in processing on condition that such rules are in compliance with Community law, and do not hinder or restrict the free movement of products that comply with this Regulation.

Justification

The Member States should have the possibility of imposing stricter rules with regards to the use of certain products and substances in organic production. This is important for the possibility of competition on more ethical products, and will give the consumers a wider ranging choice of organic products.

Amendment 39

Article 16, paragraphs 1, 2 and 2 a (new)

Less restrictive production rules

Temporary derogations from production rules

1. The Commission may, in accordance with the procedure referred to in Article 31(2) and the conditions set out in paragraph 2 and subject to the objectives and principles laid down in Title II, provide for the granting of exceptions from the production rules laid down in Chapters 1 to 3.

 

2. Exceptions as referred to in paragraph 1 shall be kept to a minimum and may only be provided for in the following cases:

2. With due respect for the objectives and principles laid down under Title II, exceptions shall be kept to a minimum and may only be permitted temporarily and in the following cases::

(a) where they are necessary in order to enable farm units initiating organic production to become viable, in particular for holdings located in areas in the early stages of development of organic production;

(a) where provisional measures are necessary to enable organic production to continue or recommence in cases of force majeure, in particular in the event of serious threats to crops or the farm's viability;

(b) where they are necessary in order to ensure that organic production can be maintained on holdings confronted with climatic, geographical or structural constraints;

(b) where they are necessary in order to ensure that organic production can be maintained on holdings confronted with major geographical or economic constraints posing a threat to the farm's viability;

 

(ba) where restrictions and obligations related to the protection of human and animal health are imposed on the basis of Community legislation;

(c) where it is necessary in order to ensure access to feed, seed and vegetative propagating material, live animals and other farm inputs, where such inputs are not commercially available in organic form;

(c) where it is necessary in order to ensure access to feed, seed and vegetative propagating material, live animals and other farm inputs, where such inputs are not commercially available in organic form;

(d) where it is necessary in order to ensure access to ingredients of agricultural origin, where such ingredients are not commercially available in organic form;

(d) where it is necessary in order to ensure access to ingredients of agricultural origin, where such ingredients are not commercially available in organic form;

(e) where they are necessary in order to solve specific problems related to the management of organic livestock;

(e) where they are necessary in order to solve specific problems related to the management of organic livestock;

(f) where they are necessary in order to ensure continued production of traditional food products well known for at least a generation;

(f) where they are necessary in order to ensure continued production of traditional food products well known for at least a generation;

(g) where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances;

(g) where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances;

(h) where restrictions and obligations related to the protection of human and animal health are imposed on the basis of Community legislation.

deleted

 

2a. Any temporary derogation applied pursuant to paragraph 2 shall be notified without delay to the competent authorities or control and certification body or bodies in the Member State to which the producer belongs.

 

The notification shall describe in a clear and detailed manner the situation which has arisen, the measures taken, their duration, and the materials, ingredients and inputs used to tackle and remedy the situation.

 

The competent authorities in the Member State or the control body or bodies shall deliver an opinion as soon as possible and notify the producer thereof without delay. The certification bodies shall be notified of this opinion without delay.

 

Should one or other of the measures taken by the producer be disputed, the competent authorities or control bodies shall put forward alternatives which they consider to be more suited to the situation as described.

 

A control shall be carried out as soon as possible, pursuant to the provisions under Title V.

Justification

Various measures and provisions contained in this article are redundant and relate to cases (e.g. conversion) for which a degree of flexibility is obviously needed provisionally.

The conditions for a more flexible application of the rules on organic farming should also be place din order of priority and reduced.

Only a number of specific measures should come under the comitology procedure.

Finally, any derogations from the rules on organic farming must be notified to the competent authorities, including certification bodies, and control bodies must assess and inspect in situ the action plan put forward by the farmer to tackle the specific situation with which he is faced.

Amendment 40

Article 17, paragraph 3

3. The terms listed in Annex I, their derivatives or diminutives, alone or combined, may not be used for a product which bears a label indicating that it contains GMOs, consists of GMOs or is produced from GMOs.

3. The terms listed in Annex I, their derivatives or diminutives, alone or combined, shall not be used for a product bearing a label indicating that it contains GMOs, consists of GMOs or is produced from or with GMOs or where evidence is provided that GMOs have contaminated the product, ingredient or feed used.

Justification

As organic producers are calling for and consumer demand implies, no misleading or deceptive messages should be given regarding the deliberate or accidental presence of GMOs in organic products, which should, moreover, be protected from the latter presence.

For the sake of consistency with recital 16 of Framework Regulation 1829/2003, a clear distinction should be made between the definitions of 'produced from GMOs' and 'produced with GMOs'.

Amendment 41

Article 17, paragraph 3 a (new)

 

3a. In this Regulation the labelling threshold for GMOs as defined in 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 organisms1 shall not apply.

____

1 OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

Justification

Reinforces the justification concerning Article 17(3) by safeguarding the distinctive character of organic products and providing for the requirement that they be totally free of GMOs.

Amendment 42

Article 18, paragraph 4

4. For products imported from third countries, the use of the indications referred to in paragraph 1 shall be optional.

4. For products imported from third countries, the use of the indications referred to in paragraph 1 should be encouraged to avoid misleading the European consumer in his/her choice and comprehension.

Justification

As in recital 28, the aim is to enable third country organic producers to meet EU standards by means of certification to the effect that equivalent production techniques have been employed in their countries.

Amendment 43

Article 21

Specific labelling requirements

Specific labelling requirements for farms initiating an organic farming activity

 

Use of the term 'organic farming' shall be strictly prohibited. Only the term 'under conversion to organic farming' may be used.

 

The term 'under conversion to organic farming' may be used only from the second year of conversion, subject to an opinion from the competent authorities or control bodies.

The Commission shall in accordance with the procedure referred to in Article 31(2) establish specific labelling requirements applicable to organic feed and to products originating from holdings in conversion.

The Commission shall in accordance with the procedure referred to in Article 31(2) establish specific labelling provisions, other than those laid down in the previous paragraph, applicable to organic feed and to products originating from holdings in conversion.

Justification

Fundamental provisions on labelling of products from holdings under conversion to organic farming cannot come under the comitology procedure, except in the case of specific provisions, which should therefore be established in this Regulation. Article 5(5)(b) of Regulation (EEC) 2092/91 refers to compliance with a period of at least 12 months before the harvest.

Amendment 44

Article 22, paragraph 1

1. Member States shall in accordance with the provisions laid down in Regulation (EC) No 882/2004 set up a system of controls applicable to the activities referred to in Article 1(3) of this Regulation.

1. Member States shall set up a system of controls applicable to the activities referred to in Article 1(3) at all stages of the organic chain in accordance with ISO 65/EN 45011 as developed specifically for organic agriculture worldwide within the IFOAM Accreditation Criteria.

Justification

The control system laid down in Regulation (EC) No 882/2004 is not the best way to guarantee the different quality standards associated with organic products: the provisions on the frequency of checks and the tasks assigned to competent authorities are useful, but the starting point has to be effective implementation of the ISO Guide 65/45011 standards.

Amendment 45

Article 22, paragraph 5

5. Approved control bodies shall give the competent authority access to their offices and facilities and provide any information and assistance deemed necessary by the competent authority for the fulfilment of its obligations according to this Article.

5. Approved control bodies, and concerned stakeholder representatives, who must be fully involved in this process, shall cooperate with the competent authority, providing access to their offices and facilities and any information and assistance deemed necessary by the competent authority for the fulfilment of its obligations according to this Article.

Justification

In the interests of transparency, stresses the importance of participation in decision-making and checking while also allowing for best practice as applied in recent years by organic farmers.

Amendment 46

Article 24, paragraph 3, subparagraph 3

Fees collected for the granting of the certificate or the mark of conformity shall be reasonable.

Fees collected for the granting of the certificate or the mark of conformity shall cover the costs of controls and the granting of the certificate or mark of conformity.

Justification

Specifying what is covered will prevent fees from becoming excessive.

Amendment 47

Article 24, paragraph 3 a (new)

 

3a. Regular hearings of stakeholders shall be organised in order to recognise and highlight the important role played by organic farmers in the decision-making and certification process.

Justification

Ways must be found to enable organic farmers to be continuously involved in decision-making and new methodologies for certification procedures: their proven ability to organise credible, innovative self-certification systems should be taken properly into account by Commission control bodies and national competent authorities.

Amendment 48

Article 26

Upon request duly justified by the necessity to guarantee that a product has been produced in accordance with this Regulation, the competent authorities and the control bodies shall exchange with other competent authorities and control bodies relevant information on the results of their controls. They may also exchange such information on their own initiative.

Upon request duly justified by the necessity to guarantee that a product has been produced in accordance with this Regulation, the competent authorities, national and European stakeholder representatives involved in decision- making and the control bodies shall exchange with other competent authorities and control bodies relevant information on the results of their controls. They may also exchange such information on their own initiative.

Justification

The justifications for the amendments to Article 24 also apply here, the idea being to secure the involvement and active participation of farmers, drawing on their specific know-how.

Amendment 49

Article 28, paragraph 1 a (new)

 

Member States may, with regard to the rules laid down in Articles 9 and 10, maintain or introduce stricter rules for animals and animal products on condition that such rules are in compliance with Community law, and do not hinder or restrict the free movement of other animals or animal products that comply with this Regulation.

Justification

The current diversity of established practices for organic production of livestock between the Member States requires that it should be possible for Member States to apply more restrictive rules for the livestock and livestock products produced in their territory;

Furthermore it seems only reasonable that the principle of minimum directives that the Commission states in its action plan for animal welfare (2006/2046(INI)) should also be valid for animal welfare in organic production.

Amendment 50

Article 31

Management Committee on organic production

Regulatory Committee on organic production

1. The Commission shall be assisted by the Management Committee on organic production (hereinafter “the Committee”).

1. The Commission shall be assisted by the Regulatory Committee on organic production (hereinafter “the Committee”).

 

1a. The Committee shall ensure regular consultation and cooperation with organic producer representatives and consumer representatives with a view to consistently meeting the objectives of organic agriculture as set out in Article 3, by involving them in updating and implementing appropriate techniques consistent with the objectives and principles laid down in Title II.

 

1b. Where reference is made to this paragraph, Annexes I to VIII of Regulation (EC) No 2092/91 shall apply.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

 

2a. The Commission shall notify the European Parliament of any planned changes to the Regulation through the comitology procedure, and shall take due account of Parliament's position thereon.

3. The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.

 

4. The Committee shall adopt its rules of procedure.

4. The Committee shall adopt its rules of procedure pursuant to Article 7 of Decision 1999/468/EC.

Justification

Given that this proposal for a regulation contains few harmonisation standards, the various measures to be taken under the comitology procedure should be the responsibility of the regulatory committee, which involves the Member States in the decision-making process, rather than of the management committee.

Unlike Article 4 of Decision 1999/468/EC, Article 5 makes no reference to a time limit. Paragraph 3 should therefore be deleted.

The participation of organic farmers’ representatives in decision-making constitutes the truly original departure and the innovation where implementation of the regulation is concerned: best practice and tried and tested innovative methods can only enhance decision-making as a whole, which is to be organised under the responsibility of the Commission.

In order to make this Regulation as transparent as possible the annexes from Regulation 2092/91 should be maintained, and the comitology procedure should be reduced to a minimum.

Amendment 51

Article 31 a (new)

 

Article 31a

 

By way of derogation from Decision 1999/468/EC, a Commission decision adopted in accordance with the procedure referred to in Article 31(2) shall be revoked if the European Parliament or the Council raise objections to it within a period of three months.

Justification

Organic farming has been developed by civil society organisations - consumers, traders, farmers and retailers were involved. Considering this tradition, transparency and democratic structures within this regulation should be strengthened. When implementing decisions are taken in the framework of this regulation, the procedure should involve information of the public and the European Parliament. To give transparency a real impact, the Parliament should have the power of veto.

Amendment 52

Article 33

1. Regulation (EEC) No 2092/91 is hereby repealed from 1 January 2009.

1. Regulation (EEC) No 2092/91 is hereby repealed from 1 January 2009, except for Annexes I to VIII.

2. References to the repealed Regulation (EEC) No 2092/91 shall be construed as references to this Regulation.

2. References to the repealed Regulation (EEC) No 2092/91 shall be construed as references to this Regulation, except where these references are made to Annexes I to VIII.

Justification

In order to make this regulation as transparent as possible the annexes from (EC) Nr. 2092/91 should be maintained, and the comitology procedure should be reduced to a minimum. As a result the annexes should be corrected so the article references match the proposed regulation.

PROCEDURE

Title

Proposal for a Council regulation on organic production and labelling of organic products

References

COM(2005)0671– C6-0032/2006 – 2005/0278(CNS)

Committee responsible

AGRI

Opinion by
  Date announced in plenary

ENVI
2.2.2006

Enhanced cooperation – date announced in plenary

 

Draftsman
  Date appointed

Roberto Musacchio
9.2.2006

Previous drafts(wo)man

 

Discussed in committee

21.6.2006

 

 

 

 

Date adopted

21.6.2006

Result of final vote

+:

–:

0:

41

0

0

Members present for the final vote

Adamos Adamou, Johannes Blokland, Frieda Brepoels, Dorette Corbey, Chris Davies, Avril Doyle, Edite Estrela, Jill Evans, Anne Ferreira, Karl-Heinz Florenz, Matthias Groote, Françoise Grossetête, Cristina Gutiérrez-Cortines, Gyula Hegyi, Mary Honeyball, Dan Jørgensen, Eija-Riitta Korhola, Urszula Krupa, Aldis Kušķis, Peter Liese, Marios Matsakis, Roberto Musacchio, Dimitrios Papadimoulis, Vittorio Prodi, Guido Sacconi, Richard Seeber, Kathy Sinnott, Bogusław Sonik, Antonios Trakatellis, Thomas Ulmer, Anja Weisgerber, Åsa Westlund

Substitute(s) present for the final vote

Margrete Auken, María del Pilar Ayuso González, Bairbre de Brún, Christofer Fjellner, Milan Gaľa, Miroslav Mikolášik, Renate Sommer, Andres Tarand

Substitute(s) under Rule 178(2) present for the final vote

Sepp Kusstatscher

Comments (available in one language only)

...

(1)

Not yet published in OJ.


PROCEDURE

Titre

Production biologique et étiquetage des produits biologiques

Références

COM(2005)0671 - C6-0032/2006 - 2005/0278(CNS)

Date de la consultation du PE

27.1.2006

Commission compétente au fond

       Date de l’annonce en séance

AGRI

2.2.2006

Commission(s) saisie(s) pour avis

       Date de l’annonce en séance

INTA

2.2.2006

ENVI

2.2.2006

IMCO

2.2.2006

 

Avis non émis

       Date de la décision

INTA

25.1.2006

IMCO

21.2.2006

 

 

Rapporteur(s)

       Date de la nomination

Marie-Hélène Aubert

26.1.2006

 

 

Contestation de la base juridique

       Date de l’avis JURI

JURI

27.2.2007

 

 

 

Examen en commission

20.2.2006

24.4.2006

21.6.2006

19.12.2006

 

27.2.2007

 

 

 

Date de l’adoption

27.2.2007

 

 

 

Résultat du vote final

+:

–:

0:

34

2

1

Membres présents au moment du vote final

Vincenzo Aita, Peter Baco, Katerina Batzeli, Sergio Berlato, Thijs Berman, Niels Busk, Luis Manuel Capoulas Santos, Giuseppe Castiglione, Dumitru Gheorghe Mircea Coşea, Albert Deß, Gintaras Didžiokas, Michl Ebner, Carmen Fraga Estévez, Duarte Freitas, Ioannis Gklavakis, Lutz Goepel, Friedrich-Wilhelm Graefe zu Baringdorf, Esther Herranz García, Elisabeth Jeggle, Tchetin Kazak, Atilla Béla Ladislau Kelemen, Heinz Kindermann, Vincenzo Lavarra, Diamanto Manolakou, Véronique Mathieu, Mairead McGuinness, Rosa Miguélez Ramos, María Isabel Salinas García, Willem Schuth, Czesław Adam Siekierski, Csaba Sándor Tabajdi, Marc Tarabella, Witold Tomczak, Donato Tommaso Veraldi, Janusz Wojciechowski

Suppléant(s) présent(s) au moment du vote final

Marie-Hélène Aubert, Bernadette Bourzai, Béla Glattfelder, Gábor Harangozó, Wiesław Stefan Kuc, Astrid Lulling, Albert Jan Maat

Date du dépôt

14.3.2007                                          A6-0061/2007

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