3 Organic food and farming
| (27158)
5101/06
COM(05) 671
| Draft Council Regulation on organic production and labelling of organic products
Draft Council Regulation amending Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto in agricultural products and foodstuffs
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| Legal base | Article 37EC; consultation; QMV
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | Minister's letter of 2 June 2006
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| Previous Committee Report | HC 34-xx (2005-06), para 3 (1 March 2006)
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information awaited
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Background
3.1 The requirements, including labelling, which agricultural
products and foodstuffs must meet in order to be regarded as organic
are currently laid down in Council Regulation (EEC) No. 2092/91.[8]
Since that Regulation was enacted, there have been a number of
significant developments, which led the Commission to put forward
in June 2004 a Communication[9]
setting out a European Action Plan for organic food and farming.
This was followed in December 2005 by the current document setting
out legislative proposals bringing into effect a number of the
earlier recommendations, and taking the opportunity to repeal
Council Regulation (EEC) No. 2092/91.
3.2 More specifically, the proposal re-states a number
of underlying principles, and addresses particular areas, including
the need for flexibility in order to reduce the number of derogations
required by Member States; labelling, including the basis for
the use of the EU logo; a continuing prohibition on the use of
genetically modified organisms (GMOs); a re-casting of the current
Regulation in line with the risk-based approach to official food
and feed controls set out in the more general Regulation (EC)
No. 882/2004; and access to the Community market for imports.
3.3 As we noted in our Report of 1 March 2006, the
Government had simply said that, in laying down the framework
for organic production, the proposal would reduce the level of
detail and bring together various objectives and principles, though
the application of those principles would require further detailed
rules to be drafted at a later stage and laid down in Commission
implementing Regulations. It added that the proposal also aims
to harmonise rules on organic aquaculture, clarify the position
in respect of GMOs, deal with single market issues arising from
the use of private organic logos, and simplify the system for
controlling imports of organic produce from third countries.
3.4 We commented that we found this analysis somewhat
cursory, and we said that we would like the Government to set
out more explicitly the position as regards GMOs, and to explain
what single market issues arise from the use of private organic
logos. We also suggested that it would be helpful to have a fuller
description of the likely impact of the proposals on organic wine
production and on aquaculture.
Minister's letter of 2 June 2006
3.5 We have now received a letter of 2 June 2006
from the Minister for Sustainable Farming and Food at the Department
of Environment, Food and Rural Affairs (Lord Rooker).
3.6 As regards GMOs, he says that the logic of the
proposal is that the Community has already agreed 0.9% as a general
labelling threshold for GM presence in non-GM products, and that
the Commission believes that the same threshold should apply whether
the non-GM material is conventional or organic, on the grounds
that it would not be realistic to try and segregate GM and non-GM
production completely. Also, whilst the Commission is prepared
to look at lower thresholds for organic produce, it feels that
the cost, which it believes should fall on the organic sector,
would have very serious consequences for organic farming. The
Minister adds that the UK has previously confirmed that it would
explore whether a GM threshold below 0.9% might apply specifically
for organic production, and that it will now do so in the context
of this proposal, by means of a consultation paper.
3.7 As regards the single market, the Minister says
that the issue at stake is the effect of the operation of private
sector inspection body standards. At present, each body must apply
at least the production and control standards required by law,
but remains free to apply stricter standards as a private arrangement
with the organic operators it licences. In practice, these standards
also apply to operators licensed by another such body. This means
that, where a body has a dominant market position, this can create
a restraint of trade, and, although the precise nature of the
problem foreseen by the Commission, and the mechanism to resolve
it are not clear from the original proposal, the Commission is
working with the Presidency to produce a clearer text.
3.8 As regards organic wine and aquaculture, the
Minister says that very little change is expected. Currently,
wine itself cannot be classified as organic, but has to be labelled
"wine made with organic grapes", and the new proposal
will allow specific rules set up for viniculture which will allow
produce to be called "organic wine". The present position
as regards aquaculture, both in the UK and other Member States,
is that some organic inspection bodies have established private
standards, and the new proposal allows for joint Community standards
(which will be based on the current standards in place) to be
set by a Council working group.
Conclusion
3.9 We are grateful to the Minister for this amplification
of the position on these outstanding issues, but we also note
that, having considered the matter, his department has now concluded
that, even though the Commission's intention is not to increase
the burden on organic operators, it would be sensible to produce
a Regulatory Impact Assessment. We therefore think it right to
await this before taking a final view on this document.
8 OJ No. L.198, 22.7.1991, p.1. Back
9
(25741) 10436/04; see HC 42-xxvi (2003-04), para 2 (7 July 2004)
and HC 38-iv (2004-05), para 7 (19 January 2005). Back
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