LEGAL FRAME ON
ORGANIC FARMING
As a result of constant additions and amendments to
European law in the field of organic farming, in 2007 the Council Regulation
(EC) n.° 834/2007 was introduced with the aim to ensure and develop an overall
system of farm management that combines best environmental practices, a high
level of biodiversity, the preservation of natural resources, the application
of high animal welfare standards and a production method in line with the
preference of certain consumers.
On the one hand, organic production is related to a
specific consumer demand and, on the other hand, it gives a contribution to the
protection of the environment and animal welfare, as well as to rural
development. Consequently, organic farming respects natural systems, and this
means that internal resources are preferred to open cycles based on external
resources.
The first European law on organic production was
adopted in 1991 (Council Regulation (EEC) n.° 2092/91), and since then the
share of the organic agricultural production has been increasing in most member
states. In this perspective, the Community legal framework should provide
conditions under which this sector can progress and maintain consumer
confidence in products labelled as organic.
New rules about production, control, and labelling were
established by the Council Regulation (EC) n.° 834/2007, and the previous
Regulation (EEC) n.° 2092/91 was simultaneously repealed. Consequently, the new
labelling rules related to the EU organic logo have applied since 1st
July 2010. The new Council Regulation applies to the following agricultural
products, including aquaculture and yeast:
-
Living
or unprocessed products;
-
Processed
food;
-
Animal
feed;
-
Seeds
and propagating material.
Wild plants and seaweed are included into the scope of
the Regulation. Product from hunting and fishing of wild animals are not
included in its scope.
In 2008 two Commission Regulations were adopted: (EC)
N.° 889/2008 with detailed rules on production, labelling and control, and (EC)N.° 1235/2008 with
detailed rules concerning import of organic products from third countries.
LABELLING ORGANIC
FOOD
Since 1st July 2010 producers of packaged
organic food have been required to use the UE organic logo, in order to create
clarity for consumers throughout the Community market. Organic pre-packaged
food producers within the Community should be related EU-logo. It should not be
obligatory for all not pre-packaged organic products produced within the
Community or other organic product imported from third countries. In those two
cases, it should be possible to use the UE-logo on a voluntary basis. It is not
allowed to use it in the labelling of processed foodstuffs of which less than
95% of its ingredients of agricultural origin are organic.
Organic products above mentioned may be labelled with
both the EU-logo and national or private logos. If somebody were to use the UE
organic logo, he would have to indicate the place where any farmed ingredients
were produced. This is not a binding requirement for organic foods from non-EU countries.
In addition, next to the EU organic logo a code number
of the control body is displayed, as well as the place where the agricultural
raw materials composing the product have been farmed. The code number of the
control body or control authority shall be placed in the same visual field as
the EU organic logo. Indication of the place of farming should appear directly
below the reference to the control body.
The code number of
control bodies must appear on all products claiming to be organic, irrespective
of the use of the logo. The place of farming is compulsory only when the logo
is used.
According to the Community rules, control authorities
and control bodies should not impose any addition control or financial burdens to the free movement of compliant products.
The use of GMOs in organic production is not allowed,
considering that products produced from GMOs are incompatible with the concept
of organic production. In this perspective, biological and mechanical
production should be implemented without having recourse to genetically
modified organisms (GMOs).
IMPORTING OF ORGANIC PRODUCTS
If we were to place organic products on the Community
market, we would have to demonstrate that those products have been produced in
accordance with production rules laid down in Community legislation.
The import of organic products is strictly monitored
by the EU Commission considering that those goods should be submitted to
control arrangements and covered by a certificate issued by a
recognized control authority of the third country concerned. And the assessment
of equivalency with regards to imported products should be issued in the light
of international standards laid down in Codex Alimentarius.
In this perspective, it’s important to maintain the
list of third countries recognized by the Commission as having production
standards and control arrangements, which are equivalent to those provided for
in Community legislation.
The Commission should set up some control authorities
ensuring control and certification in third countries, which are not included
in the list above mentioned.
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