Luxembourg, 16/06/2015 (Agence Europe) - EU agriculture ministers, meeting in Luxembourg on Tuesday 16 June, agreed a general approach on the proposal on organic production and the labelling of organic products. The Council and the European Parliament, which is in the process of finalising its position, are expected to begin negotiations in the autumn with a view to adopting the text of the regulation.
The countries which opposed the compromise text drafted by the Latvian Presidency were Denmark (which stressed the need to maintain annual inspections) and four countries (Belgium, Bulgaria, the Czech Republic and Slovenia) which argued in vain for an EU-wide harmonised threshold so that products containing unauthorised substances could be downgraded. Cyprus abstained. A statement by Italy (supported by Spain and Slovenia), attached to the minutes of the Council, sets out these countries' criticisms (on the frequency of checks and the rules in cases where unauthorised substances are present) of the compromise agreed (though they all voted for it).
Presence of unauthorised products or substances. The compromise text contains the following provisions: where a competent authority detects the presence of products or substances that have not been authorised, it must immediately conduct an investigation to determine the origin and the cause of the contamination. On the basis of the outcome of the investigation, the competent authority must ensure that the products at issue are not marketed as being organic (including, for instance, where the presence of the products or substances results from their deliberate use by the operator). On the basis of the outcome of the investigation, the competent authority must determine possible deficiencies and shortcomings that have caused the presence of unauthorised products or substances. The operator concerned must take the necessary corrective measures to avoid any future contamination.
Member states which, on 31 December 2015, have rules which state that produce containing more than a certain level of unauthorised products or substances cannot be marketed as organic may continue to apply these rules until 31 December 2020. By 31 December 2020 at the latest, the Commission will bring forward a report on the presence of unauthorised products or substances. This report may, if necessary, be accompanied by a legislative proposal.
Monitoring. The text says that the nature and frequency of official checks will be dependent on the likelihood of shortcomings. All operators and groups of operators will face a compliance verification check at least once a year. Compliance verification will include an on-site inspection, except where countries decide that it can be justified that operators represent a low risk and have met compliance criteria for at least three years. Even in duly justified cases, however, there must be no more than 30 months between two on-site inspections (a Council compromise between two years and three years).
The text also includes rules on the import of organic products: provision is made for an equivalence regime for third countries, which will become a compliance regime from the end of 2022. (Lionel Changeur)