REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products

1.6.2011 - (COM(2010)0759 – C7‑0001/2011 – 2010/0364(COD)) - ***I

Committee on Agriculture and Rural Development
Rapporteur: Martin Häusling

Amendments

• 001-016 (PDF - 152 KB)
• 001-016 (DOC - 110 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products

(COM(2010)0759 – C7‑0001/2011 – 2010/0364(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0759),

–   having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0001/2011),

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

–   having regard to the opinion of the European Economic and Social Committee of 4 May 2011[1],

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A7-0215/2011),

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

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

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

Amendment  1 Proposal for a regulation – amending act Recital 3
Text proposed by the Commission	Amendment
(3) The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 834/2007. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.	(3) In order to ensure the proper functioning of the regime established by Regulation (EC) 834/2007, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending certain non-essential elements of that Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Justification
This amendment reflects the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament.
Amendment  2 Proposal for a regulation – amending act Recital 4
Text proposed by the Commission	Amendment
(4) In order to guarantee a uniform application of Regulation (EC) No 834/2007 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt implementing acts regarding the attribution of code numbers under the control regime, the indication of origin for the products and uniform rules on the exchange of information to be sent by Member States, third countries, control authorities and control bodies or made available by the Commission or the publication of that information, as well as for the recognition of third countries and control authorities and control bodies for the purposes of equivalence and compliance. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of [Regulation (EU) No XX/XXXX of the European Parliament and the Council on …].	(4) In order to ensure uniform conditions for the implementation of Regulation (EC) No 834/2007, implementing powers should be conferred on the Commission, in particular regarding the attribution of code numbers under the control regime, the indication of origin for the products and uniform rules on the exchange of information to be sent by Member States, third countries, control authorities and control bodies or made available by the Commission or the publication of that information, as well as for the recognition of third countries and control authorities and control bodies for the purposes of equivalence and compliance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers1 In the context of preparatory work on the implementing acts, the Commission should continue to make use of advisory groups so that interested parties and NGOs can express themselves on a regular and structured basis.
	_______________
	1 OJ L 55, 28.2.2011, p. 13.
Justification
This Amendment takes into account the "Regulation on implementing powers" (Regulation (EC) No 182/2011 of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers) published in OJ(L 55/13) on 28 February 2011.
Amendment  3 Proposal for a regulation – amending act Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) The Commission should adopt immediately applicable implementing acts where imperative grounds of urgency so require in duly justified cases relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in the Regulation (EC) 834/2007 or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in that Regulation and whose control measures are no longer of equivalent effectiveness to those laid down in that Regulation .
Justification
This Amendment takes into account the "Regulation on implementing powers" (Regulation (EC) No 182/2011 of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers) published in OJ(L 55/13) on 28 February 2011.
Amendment  4 Proposal for a regulation – amending act Recital 4a (new)
Text proposed by the Commission	Amendment
	(4a) The process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all Union legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape.
Amendment  5 Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 834/2007 Article 9 – paragraph 4
Text proposed by the Commission Amendment 4. The Commission shall, by means of delegated acts pursuant to Article 38a(1), decide on measures implementing the prohibition on the use of GMOs and products produced from or by GMOs. 4. The Commission shall be empowered, for the purpose of the prohibition referred to in paragraph 1, to adopt delegated acts in accordance with Article 38a(1) concerning the establishment of a model for vendor declarations confirming that the products supplied have not been produced from or by GMOs. .
Amendment  6 Proposal for a regulation – amending act Article 1 – point 23 - point b Regulation (EC) No 834/2007 Article 32 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment If necessary in cases of urgency, the Commission may take that Decision acting in accordance with the second paragraph of Article 38g. In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. On duly justified imperative grounds of urgency, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3).
Amendment  7 Proposal for a regulation – amending act Article 1 – point 24 - point a - point ii Regulation (EC) No 834/2007 Article 33 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment If necessary in cases of urgency, the Commission may take that Decision acting in accordance with the second paragraph of Article 38g. In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately." On duly justified imperative grounds of urgency, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3).
Amendment  8 Proposal for a regulation – amending act Article 1 – point 24 - point b - point ii Regulation (EC) No 834/2007 Article 33 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment If necessary in cases of urgency, the Commission may take that Decision acting in accordance with the second paragraph of Article 38g. In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately." On duly justified imperative grounds of urgency, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3).
Amendment  9 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38 a – paragraph 1 - introductory part
Text proposed by the Commission Amendment 1. In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means of delegated acts, adopt specific rules, measures and conditions necessary for the application of this Regulation, including the specific definitions related to its scope, subject to the objectives and principles laid down in Title II, for the following: 1. In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall be empowered to adopt delegated acts in accordance with Article 38d, concerning the adoption of specific rules, measures and conditions necessary for the application of this Regulation, including the specific definitions related to its scope, subject to the objectives and principles laid down in Title II, for the following:
Justification
This amendment reflects the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament.
Amendment  10 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38b – paragraph 1 – introductory part
Text proposed by the Commission Amendment The Commission shall, by means of implementing acts, adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating to the following: The Commission shall, by means of implementing acts, in accordance with the examination procedure referred to in Article 38g(2), adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating to the following:
Justification
This Amendment takes into account the "Regulation on implementing powers" (Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers) published in OJ(L 55/13) on 28 February 2011.
Amendment  11 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38b – paragraph 1a (new)
Text proposed by the Commission Amendment   On duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in Title II, III and IV or whose control measures are no longer of equivalent effectiveness to those laid down in Title V, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3).
Justification
This intends to enable the Commission to urgently withdraw recognition of equivalence from third countries where a serious problem with regard to products labelled as organic is found. The rapporteur's amendment requires that both the standards and the control system must be at fault for the procedure to operate. This should be changed to either/or, as it should be possible for the Commission to withdraw recognition under the urgency procedure to protect consumers in either case.
Amendment  12 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38 d
Text proposed by the Commission Amendment 1. The powers to adopt the delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time. 1. The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2. The delegation of power referred to in Article 9(4), Article 11, Article 16(1), points (a) and (c) of Article 16(3), Article 21(2), Article 22(1), Article 23(6), Article 26, point (b) of Article 27(7), Article 32(2) and Article 33(2) and (3) shall be conferred on the Commission for a period of five years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 38e and 38f." 3. The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.   3a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.   3b. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.   _____________   * Date of entry into force of this Regulation
Justification
This amendment reflects the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament.
Amendment  13 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38 e
Text proposed by the Commission Amendment Article 38e Revocation of the delegation deleted 1. The delegation of power referred to in Article 38a and 38d may be revoked by the European Parliament or by the Council.   2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.   3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union."
Amendment  14 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38 f
Text proposed by the Commission Amendment Article 38f Objections to delegated acts deleted 1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.   2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.   3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act."
Amendment  15 Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38 g
Text proposed by the Commission Amendment Where implementing acts are adopted pursuant to this Regulation, the Commission shall be assisted by the Committee on organic production and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council) shall apply." 1. The Commission shall be assisted by the Committee on organic production. That committee shall be a committee within the meaning of Regulation (EU) 182/2011*. In the cases of urgency provided for in Article 32(2) and Article 33(2) and (3) of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply." 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.   ___________________   * OJ L 55, 28.2.2011, p. 13.
Justification
This Amendment takes into account the "Regulation on implementing powers" (Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers) published in OJ(L 55/13) on 28 February 2011.
Amendment  16 Proposal for a regulation – amending act Article 1 a (new)
Text proposed by the Commission	Amendment
	Article 1a
	The Commission shall evaluate the effects of the amendments made to Regulation (EC) No 834/2007 by this Regulation, with particular regard to transparency and the impact on civil society, three years after …*.
	Important stakeholders and representatives of civil society shall be included in this evaluation process.
	_________________
	*Date three years after the entry into force of this Regulation

• [1]  Not yet published in the Official Journal.

EXPLANATORY STATEMENT

According to the Treaty of the Functioning of the European Union (TFEU) the current Regulation (EC) No 834/2007has to be aligned based on the principle of sorting between measures of implementing nature and measures of delegated nature.

Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)).

In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means of delegated acts, adopt specific rules, measures and conditions necessary for the application of this Regulation (e.g. the authorisation of products and substances for use in organic production, their inclusion in a restricted list or the withdrawal from that list for the purposes of Articles 16 and 21; the processing methods for processed food; the conditions of application of the prohibition on the use of GMOs and products produced from or by GMOs; the labelling rules, requirements and specific criteria as regards presentation, composition, size and design of the organic logo of the European Union as well as the conditions and rights of its use, in accordance with Title IV etc.)

Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4))

The Commission shall, by means of implementing acts, adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating e.g. to details and specifications regarding the content, form and way of notification, submission and exchange of information required in the framework of this Regulation; from or between the control bodies, control authorities, competent authorities of the Member States, third countries and the Commission; the attribution of code numbers to control bodies and control authorities and the indication of the place where the agricultural raw materials have been farmed in accordance with Article 24 etc.

From the point of view of the Rapporteur in this proposal the Commission has done an accurate repartition between more general provisions, establishing additional elements (provisions 290) and more technical elements that are very much connected with the discretion that Member States enjoy in implementing this measure (provisions 291). Therefore no Amendments concerning the proposal for the Regulation 834/2007 on organic production and labelling of organic products on the classification of delegated and implementing acts are proposed.

PROCEDURE

Title	Amendment of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products
References	COM(2010)0759 – C7-0001/2011 – 2010/0364(COD)
Date submitted to Parliament	17.12.2010
Committee responsible        Date announced in plenary	AGRI 18.1.2011
Rapporteur(s)        Date appointed	Martin Häusling 26.1.2011	Martin Häusling 26.1.2011	Martin Häusling 26.1.2011	Martin Häusling 26.1.2011
Rule 51 – joint committee meetings        Date announced in plenary
Discussed in committee	12.4.2011
Date adopted	25.5.2011
Result of final vote	+: –: 0:	28 1 0
Members present for the final vote	John Stuart Agnew, Liam Aylward, José Bové, Luis Manuel Capoulas Santos, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Diane Dodds, Herbert Dorfmann, Hynek Fajmon, Lorenzo Fontana, Iratxe García Pérez, Béla Glattfelder, Sergio Gutiérrez Prieto, Martin Häusling, Esther Herranz García, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, George Lyon, Gabriel Mato Adrover, Mairead McGuinness, Krisztina Morvai, Mariya Nedelcheva, James Nicholson, Rareş-Lucian Niculescu, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Ulrike Rodust, Alfreds Rubiks, Giancarlo Scottà, Czesław Adam Siekierski, Sergio Paolo Francesco Silvestris, Alyn Smith, Csaba Sándor Tabajdi, Marc Tarabella, Janusz Wojciechowski
Substitute(s) present for the final vote	Salvatore Caronna, Spyros Danellis, Jill Evans, Karin Kadenbach, Sandra Kalniete, Giovanni La Via, Véronique Mathieu, Maria do Céu Patrão Neves, Robert Sturdy, Artur Zasada
Date tabled	1.6.2011