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. 2092/01 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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| Document originated | 21 December 2005
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| Deposited in Parliament | 11 January 2006
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 26 January 2006
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| Previous Committee Report | None, but see footnote 10 below
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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.[9]
Since that Regulation was enacted, there have been a number of
significant developments, most notably the increased emphasis
which the Common Agricultural Policy (CAP) now places upon environmentally-friendly
production and food, and the wider part which organic production
can play in the integration of the environment and sustainable
development into the CAP; the need identified in the Community's
Sixth Environmental Action Programme to encourage more environmentally
responsible farming; and initiatives by the World Trade Organisation
(WTO) to expand markets for environmentally-friendly goods and
services.
3.2 Against this background, the Commission put forward
in June 2004 a Communication[10]
setting out a European Action Plan for organic food and farming.
This summarised the impact of organic farming on the environment
(identifying the reduction in pesticide use, lower nitrogen levels,
increased soil protection, the preservation of biodiversity and
natural habitats, and reduced energy use); traced the development
of organic production, particularly since the 1980s; and analysed
in greater detail a number of factors which have affected these
developments (including on the one hand consumers' perception
that quality is higher, and on the other hand lack of availability
and price). It also noted the importance of better consumer information;
the variations in the standards applied by different regions,
and the unwillingness of inspection bodies to recognise each other's
standards; the need for a wider use of the Community logo; and
the need for more complete data on the production and marketing
of organic products. The Communication also noted that organic
farmers are well placed to benefit from, and contribute to, the
agri-environmental benefits associated with the rural development
pillar of the CAP. It concluded by suggesting a number of proposed
actions, which were set out in our predecessors' Report of 7 July
2004.
The current proposals
3.3 In the light of reactions to the Action Plan,
including discussion in the Council in October 2004, the Commission
has now brought forward legislative proposals to bring into effect
a number of its earlier recommendations. In doing so, it has taken
the opportunity to propose the repeal of Council Regulation (EEC)
No. 2092/91, and to set out the relevant provisions in what it
calls a simpler, clearer and more transparent Regulation, which
contains considerably less detail, and also allows for a further
reduction of detail in the implementing rules.
3.4 More specifically, the proposal re-states a number
of underlying principles, such as the need to use natural substances
rather than chemicals wherever possible, and defines the objectives
it seeks to achieve for organic production (including the protection
of consumers and the environment, respect for high animal welfare
standards, and taking due account of regional differences). It
then addresses a number of areas, as follows.
Scope
The proposal explicitly covers organic production,
including processed and unprocessed products (apart from sale
of meals to the final consumer) and not just labelling, and provides
for detailed rules to be laid down by the Commission using the
comitology procedure. In the latter case, it highlights the need
for the adoption of detailed rules on organic wine production,
and says that production rules for aquaculture will also be established
at a later date.
Flexibility
The Commission points to the large number of derogations
which have been required as a result of the current strictly regulated
system, and proposes to replace this with a more flexible approach
allowing Member States to apply less strict production rules where
this is necessary to take into account local climatic or other
conditions.
Labelling
The Commission proposes that, in order to protect
the term "organic", current rules on its use (or that
of variations on it) should be maintained, with the EU logo continuing
to be available on all products which comply with the Regulation.
Also, although the Commission has concluded that the use of this
logo should not be compulsory for the time being, products which
do not bear it would instead have to be labelled as "EU-ORGANIC".
Also, at least 95% of the final product will have to be organic
in order to be labelled as such.
Genetically modified products
The Commission says that, in order to maintain consumer
confidence, the use of genetically modified organisms (GMOs),
and products produced from or by them, should continue to be prohibited
in organic farming. However, it notes that, where products have
been accidentally contaminated by GMOs, there is currently no
prohibition on their being simultaneously labelled as organic
and GMO, and this proposal would now prohibit the use of the term
"organic" for GMO labelled products.
Controls
The Commission notes that organic farming is covered
by the risk-based approach set out in the more general Regulation[11]
on official food and feed controls, which came into force on 1
January 2006, and that the provisions in the Regulation now proposed
have been re-cast accordingly. In addition, it sets out a number
of provisions specific to organic production, dealing with the
accreditation of control bodies, the need to ensure that certification
schemes do not hamper the internal market, ensuring that all products
which comply with Community rules have full access to national
logos and marks (where the burden of proof will in future be placed
on the relevant control body), and providing that the certification
process, including any fees charged, should be reasonable.
Imports
Access to the Community market would be granted,
either on the basis of compliance with Community rules or equivalent
guarantees provided by authorities in third countries or Community-approved
control bodies. Also, because of the need to reconsider the existing
detailed rules provided for in the new Regulation, the Commission
envisages that this would not come into effect until 1 January
2009. However, since some of the provisions relating to imports
in Council Regulation (EEC) No. 2092/91 expire on 31 December
2006, the Commission has proposed that this Regulation should
be amended so as to enable Member States to continue to grant
import authorisations for products until the new Regulation comes
into effect.
The Government's view
3.5 In his Explanatory Memorandum of 26 January 2006,
the Parliamentary Under-Secretary of State (Sustainable Farming
and Food) at the Department of Environment, Food and Rural Affairs
(Lord Bach) simply says that:
"The proposal [contains] a number of the actions
in respect of organic production in the European Organic Production
Plan endorsed by the Council of Ministers in October 2004. It
lays down the framework for organic production of agricultural
products, reducing the level of detail and bringing together objectives
and principles for organic production. The application of these
principles will require further detailed rules which will be drafted
at a later stage and laid down in Commission implementing Regulations.
The proposal also aims at harmonising rules on organic aquaculture,
clarifying the position in respect of GMOs, dealing with single
market issues arising from the use of private organic logos, and
simplifying the system for controlling imports of organic produce
from third countries."
He also says that comments are being sought on the
proposal, and that consideration will be given to preparing a
Regulatory Impact Assessment in the light of these.
Conclusion
3.6 Although our predecessors reported on the
earlier Action Plan, we find the Minister's description of these
proposals, and their implications, cursory to say the least. We
note that the Government may be producing a Regulatory Impact
Assessment following its consultations, but we would in any case
like him 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. It would also be helpful if he described
more fully the likely impact of the proposals on organic wine
production and on aquaculture. In the meantime, we will continue
to hold the document under scrutiny.
9 OJ No. L.198, 22.7.1991, p.1. Back
10
(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
11
Regulation (EC) No 882/2004. OJ No. L. 165, 30.4.2004, p.1. Back
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