Commission Regulation (EC) No 889/2008Dangos y teitl llawn

TITLE V U.K. TRANSMISSION OF INFORMATION TO THE COMMISSION, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER 1 U.K. Transmission of information to the Commission

Article 93 U.K. Statistical information

1. Member States shall provide the Commission with the annual statistical information on organic production referred to in Article 36 of Regulation (EC) No 834/2007 by using the computer system enabling electronic exchanges of documents and information made available by the Commission (Eurostat) before 1 July each year.

2. The statistical information referred to in paragraph 1 shall comprise, in particular the following data:

(a) the number of organic producers, processors, importers and exporters;

(b) the organic crop production and crop area under conversion and under organic production;

(c) the organic livestock numbers and the organic animal products;

(d) the data on organic industrial production by type of activities[F1 ;]

[F2 (e) the number of organic aquaculture animal production units;

(f) the volume of organic aquaculture animal production;

(g) optionally, the number of organic seaweed units and the volume of organic seaweed production.]

3. For the transmission of the statistical information referred to in paragraphs 1 and 2, Member States shall use the Single Entry point provided by the Commission (Eurostat).

4. The provisions relating to the characteristics of statistical data and metadata shall be defined within the context of the Community Statistical Programme on the basis of models or questionnaires made available via the system referred to in paragraph 1.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F2 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

Article 94 U.K. Other information

1. Member States shall provide the Commission with the following information by using the computer system enabling electronic exchanges of documents and information made available by the Commission (DG Agriculture and rural development) for information other than statistical information:

(a) before 1 January 2009, the information referred to in Article 35(a) of Regulation (EC) No 834/2007 and afterwards each modification when that appears;

(b) by 31 March each year, the information referred to in Article 35(b) of Regulation (EC) No 834/2007, as regards control authorities and bodies approved on 31 December of the previous year;

(c) before 1 July each year, all other information required or needed in accordance with this Regulation[F3 ;]

[F4 (d) within one month from their approval, the exceptions granted by the Member States under points (c) and (e) of the first paragraph of Article 47.]

2. The data shall be communicated, entered and updated in the system referred to in paragraph 1 under the responsibility of the competent authority as referred to in Article 35 of Regulation (EC) No 834/2007, by the authority itself or by the body to which that function has been delegated.

3. The provisions relating to the characteristics of data and metadata shall be defined on the basis of models or questionnaires made available via the system referred to in paragraph 1.

Textual Amendments

F3 Substituted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

F4 Inserted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

CHAPTER 2 U.K. Transitional and final provisions

Article 95 U.K. Transitional measures

1. For a transitional period expiring on 31 December 2010, cattle may be tethered in buildings already existing before 24 August 2000, provided that regular exercise is provided and rearing takes place in line with animal welfare requirements with comfortably littered areas as well as individual management and provided that the competent authority has authorised this measure. The competent authority may continue authorising this measure upon request of individual operators for its application in a limited period ending before the 31 December 2013, under the additional condition that the controls visits referred to in Article 65(1) are carried out at least twice a year.

2. The competent authority may authorise, for a transitional period expiring on 31 December 2010, the exceptions concerning housing conditions and stocking density granted to livestock producing holdings on the basis of the derogation provided for in part B, paragraph 8.5.1 of Annex I to Regulation (EEC) No 2092/91. The operators benefiting from this extension shall present a plan to the control authority or control body, containing the description of arrangements which are intended to ensure compliance with the provisions of the organic production rules by the end of the transitional period. The competent authority may continue authorising this measure upon request of individual operators for its application in a limited period ending before the 31 December 2013, under the additional condition that the controls visits referred to in Article 65(1) are carried out at least twice a year.

3. For a transition period expiring 31 December 2010 the final fattening phase of sheep and pigs for meat production as laid down under point 8.3.4 of Annex I.B of Regulation (EEC) No 2092/91 may take place indoors under the condition that the controls visits referred to in Article 65(1) are carried out at least twice a year.

4. The castration of piglets may be carried out without the application of anaesthesia and/or analgesia during a transition period expiring on 31 December 2011.

5. Pending the inclusion of detailed processing rules for pet food, national rules or in the absence thereof, private standards accepted or recognised by the Member States shall apply.

[F1 6. For the purpose of Article 12(1)(j) of Regulation (EC) No 834/2007 and pending the inclusion of specific substances according to Article 16(1)(f) of that Regulation, only products authorised by the competent authority may be used.]

7. Authorisations of non-organic ingredients of agricultural origin granted by Member States under Regulation (EEC) No 207/93 may be deemed granted as under this Regulation. However, authorisations granted in accordance with Article 3(6) of the former Regulation shall expire on 31 December 2009.

8. For a transitional period expiring on the 1 July 2010, the operators may continue to use in the labelling the provisions as laid down in Regulation (EEC) No 2092/91 for:

(i)

the system for calculation the percentage of organic ingredients of food;

(ii)

the code number and/or the name of the control body or control authority.

[F5 9. Stocks of products produced, packaged and labelled before 1 July 2010 in accordance with either Regulation (EEC) No 2092/91 or Regulation (EC) No 834/2007 may continue to be brought on the market bearing terms referring to organic production until stocks are exhausted.

10. Packaging material in accordance with either Regulation (EEC) No 2092/91 or Regulation (EC) No 834/2007 may continue to be used for products placed on the market bearing terms referring to organic production until 1 July 2012 , where the product otherwise complies with the requirements of Regulation (EC) No 834/2007.]

[F3 10a. As regards products of the wine sector, the transitional period referred to in paragraph 8 shall expire on 31 July 2012 .

Stocks of wines produced until 31 July 2012 in accordance with either Regulation (EEC) No 2092/91 or Regulation (EC) No 834/2007 may continue to be brought on the market until stocks are exhausted, and subject to the following labelling requirements:

(a) the Community organic production logo as referred to in Article 25(1) of Regulation (EC) No 834/2007, called from 1 July 2010 the ‘ Organic logo of the EU ’ may be used provided that the wine-making process complies with Chapter 3a of Title II of this Regulation;

(b) operators using ‘ Organic logo of the EU ’ shall keep recorded evidence, for a period of at least five years after they placed on the market that wine obtained from organic grapes, including of the corresponding quantities of wine in litres, per wine category and per year;

(c) where the evidence referred to in point (b) of this paragraph is not available, such wine may be labelled as ‘ wine made from organic grapes ’ , provided that it complies with the requirements of this Regulation except those provided for in Chapter 3a of Title II thereof;

(d) wine labelled as ‘ wine made from organic grapes ’ cannot bear the ‘ Organic logo of the EU ’ .]

[F2 11. The competent authority may authorise for a period expiring on 1 July 2013 , those aquaculture animal and seaweed production units which are established and produce under nationally accepted organic rules before entry into force of this Regulation, to keep their organic status while adapting to the rules of this Regulation, provided there is no undue pollution of the waters with substances not allowed in organic production. Operators benefiting from this measure shall notify the facilities, fishponds, cages or seaweed lots which are concerned to the competent authority.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F2 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F3 Substituted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

F5 Substituted by Commission Regulation (EU) No 271/2010 of 24 March 2010 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards the organic production logo of the European Union.

Article 96 U.K. Repeal

Regulations (EEC) No 207/93, (EC) No 223/2003 and (EC) No 1452/2003 are repealed.

References to the repealed Regulations and to Regulation (EEC) No 2092/91 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XIV.

Article 97 U.K. Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2009.

However, paragraph 2(a) of Article 27 and Article 58 shall apply as of 1 July 2010.