Organic Products Without Intermediaries.
Regulation
1804/1999.
COUNCIL REGULATION (ECC) No. 1804/1999
from July 19, 1999
establishing a comprehensive, to include livestock production, (EEC) No 2092/91 on the production of agricultural products and on agricultural products and foodstuffs
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community and in particular Article 37,
View the Commission's proposal (1)
Having consulted the European Parliament (2)
Having regard to the opinion of the Economic and Social Council (3)
Whereas:
(1) Regulation (EEC) No 2092/91 (4) provides that the Commission should submit, by June 30 1995, proposals concerning the principles and specific control measures to govern the production of animals, animal products and unprocessed products intended for human consumption containing ingredients of animal origin;
(2) The demand for agricultural products obtained through organic farming is increasingly important, and consumers are increasingly interested in these products;
(3) Livestock production should expand this range of products as well as on farms dedicated to organic farming, develop complementary activities that constitute a significant portion of revenues from such farms;
(4) This regulation harmonizing the standards of production, labeling and inspection for the animal species most important for the different species of waterfowl, for which this Regulation does not have production standards, it is appropriate to protect the consumer, harmonize, as a minimum, the requirements for labeling and monitoring system, should be developed sooner such rules for aquaculture products;
(5) On the other hand, the organic livestock production is an integral part of the organization of the farm, as it responds to the needs of farmland in terms of organic matter and nutrients and, This contributes to the improvement of soils and the development of sustainable agriculture;
(6) To avoid damage to the environment and in particular to natural resources such as soil and water conservation, animal husbandry should, in principle, provide a close connection between this activity and soil, the appropriate multi-year rotations and feeding animals with organic plant products from the same farm;
(7) To prevent water pollution caused by nitrogen compounds, the organic farmers must have appropriate storage capacity and plans for spreading animal droppings solid and liquid;
(8) To maintain and build on the abandoned areas, grazing of livestock brought under the rules of organic farming is an activity particularly suited;
(9) should be encouraged a wide biological diversity and the selection of breeds must take into account their ability to adapt to local conditions;
(10) Genetically modified organisms (GMOs) and products derived from them are incompatible with organic production methods; to maintain consumer confidence in organic production, products labeled as coming from organic production can not be used genetically modified organisms, their parts or products derived therefrom;
(11) should be given guarantees consumers that the products have been produced in accordance with this Regulation, as far as technically possible, this should be based on the traceability of livestock products;
(12) Animals must be fed on grass, forage and food produced in accordance with the rules of organic farming;
(13) In the present circumstances, producers may find it hard to obtain food for animals produced according to ecological methods and, therefore, may be granted temporary permission to use a limited number of foods produced on a non-ecological and limited quantities;
(14) Moreover, to ensure the basic nutritional requirements of animals, it may be necessary to resort to certain minerals, trace elements and vitamins in well-defined conditions;
(15) The health of the animals must be based on prevention, through such measures as selecciónapropiada of breeds and strains, a balanced diet and quality and an enabling environment, particularly in terms of density, accommodation and farming methods;
(16) The use of allopathic medicines for chemical synthesis in organic farming;
(17) However, when the animals become sick or injured, should be treated immediately, preferably with phytotherapeutic or homeopathic medicines and limiting the maximum use of allopathic medicine products of chemical synthesis, to ensure the consumer the integrity of organic production It should be possible to take restrictive measures such as doubling the waiting time after the use of allopathic medicines for chemical synthesis;
(18) In most cases livestock must have access to exercise areas or open spaces covered with grass, to the extent that the weather conditions permit, and such spaces are in principle under an appropriate of rotation;
(19) all species of livestock should respond to the needs of the animals in the areas of ventilation, light, space and comfort and, therefore, be provided with surfaces sufficiently broad to allow each animal to move freely and develop their behavior innate;
(20) minimized the systematic practices that cause stress, injury, illness or suffering of animals during the stages of production, handling, transport or slaughter, but they can afford the specific interventions associated with certain types of production, use of certain substances to stimulate growth or modify their reproductive cycles is incompatible with the principles of organic farming;
(21) The particularities of beekeeping require specific provisions, in particular to ensure adequate sources of pollen and nectar in terms of quality and quantity;
(22) All operators who sell products from animals raised according to organic standards should be subject to mandatory regular checks and harmonized; agrees that certain information regarding the entrances and exits of the animals on the farm, as well as any treatment, must be followed in an accessible and updated in the home of the farm;
(23) Regional differences in agricultural and climatic conditions is necessary to provide certain transitional periods with regard to certain practices and characteristics of farms and livestock facilities;
(24) The diversity of current practices and organic farming of animals between Member States requires that Member States should have the possibility to apply to certain animals and animal products produced in their territory, more restrictive rules;
(25) The indications in the labeling, advertising or commercial documents that the consumer believes that refer to organic production methods are reserved, in accordance with the provisions of Regulation (EEC) No 2092/91, with products produced from According to the same regulation;
(26) Usually the consumer certain information as a reference to organic production methods;
(27) However, it is necessary to establish a transitional period in order to allow trademark owners to adapt their production to the requirements of organic production; this transition period will be granted only to marks the aforementioned indications and have been applied before the publication of Regulation (EEC) No 2092/91 and the consumer will be properly informed, where appropriate, that the products are not produced in accordance with the method of production,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2092/91 will be amended as follows:
1) Article 1 is replaced by the following: "Article 1
1. This regulation will apply to products that are listed below, provided that such products carrying references to organic production methods:
a) unprocessed agricultural crop products, as well as animal products and unprocessed animal products, to the extent that the principles of production and the specifications of control are included in Annexes I and III;
b) processed agricultural crop and livestock products intended for human consumption, prepared primarily from one or more ingredients of animal or vegetable origin;
c) feed, compound feed and raw materials for animal feed and not included in the letter a) after the entry into force referred to in paragraph 3.
2. Notwithstanding paragraph 1, where in Annex I is not setting standards for application for the production of certain animal species, will apply to these species and their products, with the exception of aquaculture and products thereof, Article 5 for the labeling, and Articles 8 and 9 for control. While not setting specific standards for production, the relevant national standards or, if not any, standards accepted or recognized by the Member States.
3. According to the procedure described in Article 14, the Commission will propose, no later than August 24, 2001, a regulation that sets out requirements for labeling and control as well as precautionary measures applicable to products that are referred the letter c) of paragraph 1 to the extent that they relate to organic production methods.
Until the adoption of the regulations referred to in the first paragraph shall apply to products mentioned in the letter c) of paragraph 1 national standards in line with EU law or, if not any, standards accepted or recognized by the Member States.. "
2) Section 2 is replaced by the following: "Article 2
In this Regulation, be deemed a product carries references to organic production methods where, in advertising or commercial documents the product, its ingredients or raw materials for animal feed are characterized by indications to be used in each Member State, suggesting to the buyer that the product, its ingredients or raw materials for animal feed have been obtained in accordance with production standards set forth in Article 6 and, in particular, by the following terms Or prefixes in their use (such as bio, echo, etc.) Or diminutives, alone or in combination, unless such terms do not apply to agricultural products in food or animal feed or, at all clearly have no connection with the production method:
- In Spanish: ecological
- Danish: økologisk
- In German: ökologisch, biologisch
- Greek: ß ????????
- In English: organic
- French: biologique
- In Italian: biologico
- In Dutch: biologisch
- Portuguese: biological
- Finnish: luonnonmukainen
- In Swedish: ekologisk.. "
3) Article 3 is replaced by the following: "Article 3
This Regulation shall be without prejudice to other Community or national, under Community law, concerning products referred to in Article 1, such as provisions that regulate the production, processing, marketing, labeling and inspection, including legislation on foodstuffs and animal feed.. "
4) It will replace the definition of "development" in paragraph 3 of Article 4 with the following: "3) 'development': the maintenance and / or processing of agricultural products (including slaughtering and cutting animal products) As well as packaging and / or changes to the labeling regarding the presentation of the method of production of fresh produce, preserved and / or processed. "
5) At the end of Article 4 will be added the following definition: "11) 'Animal Production': the production of land animals (including insects) domestic or domesticated species of waterfowl and bred in fresh water, brackish or salt.'s Products hunting and fishing of wild animals are not considered as organic production;
12) 'genetically modified organisms (GMO)' means any of the agencies that are defined in Article 2 of Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of Genetically modified (5);
13) 'derived from GMOs' means any substance produced from a GMO or GMO, but does not contain;
14) 'use of GMOs and derived from GMOs': its use as food products and ingredients (including additives and flavorings), aids (including extraction solvents), animal feed, feed compounds, raw materials for animal feed , Feed additives, processing aids in food for animals, certain products used in animal feed under Directive 82/471/EEC (6), crop protection products, veterinary medicines, fertilizers, soil conditioners, seeds, materials Vegetative reproduction and animals;
15) 'veterinary drugs' means products as defined in paragraph 2 of Article 1 of Directive 65/65/EEC of January 26, 1965 on the approximation of laws, regulations and administrative provisions relating to Pharmaceutical (7);
16) 'homeopathic veterinarians' means products as defined in paragraph 1 of Article 1 of Council Directive 92/74/EEC of 22 September 1992 by extending the scope of the directive 81 / 851/CEE on the approximation of laws, regulations and administrative provisions relating to veterinary medicinal products and laying down additional provisions on veterinary medicinal products (8);
17) 'pet food' means products as defined in the letter a) of Article 2 of Directive 79/373/EEC of 2 April 1979 on the marketing of compound feed (9);
18) 'raw materials for animal feed' means products as defined in the letter a) of Article 2 of Directive 96/25/EC of April 29 1996 on the movement of raw materials for animal feed and amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC (10);
19) 'compound feed' means products as defined in the letter b) of Article 2 of Directive 79/373/EEC of 2 April 1979 on the marketing of compound feed;
20) 'feed additives' means those products identified in the letter a) of Article 2 of Directive 70/524/EEC of 23 November 1970 concerning additives in animal feed (11);
21) 'certain products used in animal feed' products for animal feed referred to the Directive 82/471/EEC of June 30, 1982, concerning certain products used in animal feed.
22) 'organic / organic farm / farm' shall mean a unit, or breeding farm that meets the requirements of this regulation;
23) 'organic feed / raw materials for animal feed produced': organic feed / raw materials for animal feed produced in accordance with the rules of production laid down in Article 6;
24) 'organic feed / raw materials for animal feed conversion': organic feed / raw materials for animal feed to meet production standards laid down in Article 6, except with regard to the conversion period where those rules apply for at least a year before the harvest;
25) 'feed / raw materials for animal feed conventional': feed / raw materials for animal feed and not included in the categories mentioned in paragraphs 23 and 24.. "
6) In paragraph 3 of Article 5 was added the following point: "h) the product has been produced without the use of genetically modified organisms or products derived from these agencies.."
7) In Article 5, the following paragraph: "3a. As an exception to paragraphs 1-3, marks bearing an indication of the kind referred to in Article 2, may still be used until July 1 of 2006 in the labeling and advertising of products that do not comply with this regulation provided that:
- The mark was applied for before July 22, 1991 - in Finland, Austria and Sweden before January 1 of 1995 - and is in conformity with the First Directive 89/104/EEC of December 21 1988 On the approximation of laws of Member States relating to trade marks (12), and
- The brand is reproduced with a clear, easy to see and read that the products are not produced according to organic production methods prescribed in these Regulations. "
8) The principle of paragraph 5 of Article 5 shall be amended as follows: "5. Crop products labeling or advertising conform to the provisions of paragraphs 1 to 3 may bring references to the conversion to organic farming Provided that: ".
9) The letter d) of paragraph 5 of Article 5 was replaced by the following: "d) the product contains an ingredient of vegetable origin of agriculture.."
10) In paragraph 5 of Article 5 is added to the letter f) read: "f) the product has been produced without the use of genetically modified organisms or products derived from these agencies.."
11) In paragraph 5 of Article 5 bis is added to the letter i) as follows: "i) the product has been produced without the use of genetically modified organisms or products derived from these agencies.."
12) Paragraph 10 of Article 5 was replaced by the following: "10. In the products listed in a) and b) of paragraph 1 of Article 1, an ingredient that has been obtained pursuant to the rules laid down in Article 6 can not coexist with the same ingredient when it has not been obtained in accordance with those rules. "
13) Paragraph 1 of Article 6 is replaced by the following: "1. The organic production method implies that for the production of products referred to in a) of paragraph 1 of Article 1 which are not material or seeds Vegetative reproduction:
a) must be met at least the provisions contained in Annex I and, where appropriate, the corresponding detailed rules;
b) may be used only products composed of substances listed in Annexes I and II as plant protection products, fertilizers, soil conditioners, animal feed, raw materials for animal feed and compound feed, feed additives, products used in animal feed in accordance with Directive 82/471/EEC, cleaning and disinfecting the premises and facilities for livestock products to control pests and diseases on the premises and facilities or for any other purpose, as specified in the Annex II in relation to certain products. Únicamente podrán utilizarse en las condiciones especificadas en los anexos I y II siempre que el uso correspondiente esté autorizado en la agricultura general del Estado miembro de que se trate, de acuerdo con las disposiciones comunitarias pertinentes o con las disposiciones nacionales conformes con la legislación comunitaria; May only be used under conditions specified in Annexes I and II provided the corresponding use is permitted in general agriculture in the Member State concerned, in accordance with the relevant provisions of Community or national provisions conform with EU legislation;
c) only be used for seed or vegetative material that has been produced by the method of production referred to in paragraph 2;
d) not be used genetically modified organisms or products derived therefrom, except for veterinary drugs.. "
14) Paragraph 2 of Article 6 is replaced by the following: "2. The organic production method implies that for seeds and vegetative propagating material, the female parent in the case of seeds and parental whether the material Vegetative reproduction, should have occurred:
a) without the use of genetically modified organisms or products derived from these agencies, and
b) in accordance with the provisions of paragraph a) and b) of paragraph 1 for at least a generation or, in the case of perennial crops, for two seasons of crops.. "
15) In a) and b) of paragraph 3 of Article 6, the date "December 31, 2000" is replaced by "December 31, 2003."
16) In paragraph 4 of Article 6, the date "December 31, 1999" is replaced by "December 31, 2002."
17) The first sentence of paragraph 1 of Article 7 and to the letter) is replaced by the following: "1. The unauthorized products on the date of its adoption for a purpose indicated in the letter b) of paragraph 1 of Article 6 may be included in Annex II, provided that the following conditions are met:
a) if they are used to control pests or plant diseases or for cleaning and disinfection of the premises and facilities used for breeding:
- That are essential for the control of a harmful organism or a particular disease for which there is no other alternative biological, cultural, physical or selection, and
- The conditions for their use preclude any direct contact with the seeds, plants, plant products or animals and animal products, however, in the case of perennial crops may be a direct contact, but only outside the period of growth of the edible parts (fruit), provided that such application does not indirectly result in the presence of residual product in the edible parts, and
- Their use does not produce unacceptable effects on the environment or contribute to the contamination. "
18) In Article 7 paragraph was inserted 1b: "1 ter. With regard to minerals and trace elements used in animal feed, may be included in Annex II additional sources for these products, provided they are of natural origin or Failing that, in short, in the same form as natural products. "
19) In paragraph 11 of Article 9, the words "June 26, 1989."
20) In Article 9 was added following paragraph 12: "12) a) In the case of meat production, and notwithstanding the provisions of Annex III, Member States shall ensure that the controls relating to all stages of production, slaughter, cutting and other development up for sale to consumers in order to ensure as far as technically possible the traceability of animal products throughout the production chain, treatment and development, from the production unit of the animal until the unity of final packaging or labeling. communicate to the other Member States and the Commission, together with the monitoring report provided for in Article 15, measures taken and the follow-up made of them.
b) In the case of other livestock products other than meat, be set out in Annex III provisions to ensure, as far as technically possible, traceability of products.
c) In any event the measures taken in pursuance of Article 9 should provide assurance to consumers that the products have been produced in accordance with this regulation.. "
21) In a) of paragraph 6 of Article 11, the date "December 31, 2002" is replaced by "December 31, 2005."
22) In Article 12 the following paragraph is added: "However, in relation to the methods described in Part B of Annex I relating to animal production, the Member State may apply more stringent standards for livestock and animal production produced in their territory, provided that such rules and observe the rules do not prohibit or restrict the marketing of other animals and animal products that meet the requirements of this regulation.. "
23) Article 13 shall be replaced by the following: "Article 13
Under the procedure laid down in Article 14 may be adopted: - Rules for this regulation,
- Amendments to Annexes I to IV, VI, VII and VIII,
- Amendments to Annex V to create a Community logo to be used in combination or replace the indication in accordance with the control system,
- Restrictions and measures to implement the exemption covered the letter d) of paragraph 1 of Article 6 concerning veterinary medicines,
- Implementation measures according to scientific evidence or technical advances forfeited to the prohibition of the use of GMOs or derived from GMOs with respect in particular to a minimum threshold of contamination inevitable not to be exceeded.. "
24) The following article 15a after Article 15: "Article 15a
For the measures set forth in these Regulations, particularly those to be implemented by the Commission to meet the targets set by Articles 9 and 11, and the technical annexes, will be allocated each year the necessary appropriations in the budget procedure .. "
25) In accordance with the attached annex, will amend Annexes I, II, III and VI and added annexes VII and VIII.
Article 2
To fulfill the terms of conversion which are referred to parts B and C of Annex I, the period before August 24, 2000 will be taken into account when the producer can prove to the satisfaction of the authority or control body , Which occurred during this period in accordance with national regulations in force, or in his absence, with standards accepted or recognized by the Member States.
Article 3
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Communities.
However, the prohibitions on the use of genetically modified organisms and their derivatives set out in this regulation, and in particular the provisions of paragraph 3 of Article 5 of the letters f) and i) of paragraph 5 of Article 5 of d) of paragraph 1 of Article 6, the letter of a) of paragraph 2 of Article 6 and item 4.18 of Part B of Annex I of Regulation (EEC) No 2092/91 apply with immediate effect.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done in Brussels, on July 19, 1999.
bY the Council
The President
K. HEMILÄ
(1) OJ C 293, 5.10.1996, p. 23.
(2) OJ C 133, 28.4.1997, p. 29.
(3) OJ C 167, 2.6.1997, p. 55.
(4) OJ L 198, 22.7.1991, p. 1 Regulation as last amended by Regulation (EC) No 330/1999 of the Commission (OJ L 40, 13.2.1999, p. 23).
(5) OJ L 117, 8.5.1990, p. 15, as last amended by Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).
(6) OJ L 213, 21.7.1982, p. 8, as last amended by Directive 1999/20/EC (OJ L 80, 25.3.1999, p. 20).
(7) OJ 22, 9.2.1965, p. 369/65, as last amended by Directive 93/39/EEC (OJ L 214, 24.8.1993, p. 22).
(8) OJ L 297, 13.10.1992, p. 12.
(9) OJ L 86, 6.4.1979, p. 30, as last amended by Directive 98/87/EC (OJ L 318, 27.11.1998, p. 43).
(10) OJ L 125, 23.5.1996, p. 35, as last amended by Directive 98/67/EC (OJ L 261, 24.9.1998, p. 10).
(11) OJ L 270, 14.12.1970, p. 1, as last amended by Regulation (EC) No 45/1999 of the Commission (OJ L 6, 12.1.1999, p. 3).
(12) OJ L 40, 11.2.1989, p. 1, as last amended by Decision 92/10/EEC (OJ L 6, 11.1.1992, p. 35).
ANNEX
I. Annex I is amended as follows: 1) In the "Plants and plant products,"
the paragraph relating to animals and animal products is removed.
2) The heading "Plants and plant products" is replaced by "A. Plants and plant products."
3. It was added the following: "B. ANIMAL PRODUCTS AND ANIMAL
SPECIES OF THE FOLLOWING: BOVINE (INCLUDING bubalus and bison species),
SWINE, SHEEP, GOATS, EQUIDAE AND POULTRY
