Commission Implementing Regulation (EU) 2019/2164
of 17 December 2019
amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(1), and in particular Article 16(1) and (3)(a) and Article 21(2) thereof,
Whereas:
(1) In accordance with Article 16(3)(b) of Regulation (EC) No 834/2007, several Member States have submitted dossiers on certain substances to the Commission and the other Member States, in view of their authorisation and inclusion in Annexes I, II, VI and VIII to Commission Regulation (EC) No 889/2008(2). Those dossiers have been examined by the Expert Group for Technical Advice on Organic Production (EGTOP) and the Commission.
(2) In its recommendations with regard to fertilisers(3) EGTOP concluded, inter alia, that the substances ‘biochar’, ‘mollusc waste and egg shells’ and ‘humic and fulvic acids’ comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex I to Regulation (EC) No 889/2008. EGTOP also recommended to clarify the definition of ‘calcium carbonate’ set out in that Annex.
(3) In its recommendations with regard to plant protection products(4) EGTOP concluded, inter alia, that the substances ‘maltodextrin’, ‘hydrogen peroxide’, ‘terpenes (eugenol, geraniol and thymol)’, ‘sodium chloride’, ‘cerevisane’ and pyrethrins from other plants than Chrysanthemum cinerariaefolium comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008. Moreover, EGTOP made recommendations for the structure of that Annex.
(4) In its recommendations with regard to feed(5) EGTOP concluded, inter alia, that the substances ‘guar gum’ as a feed additive, ‘sweet chestnut extract’ as a sensory additive, and ‘betaine anhydrous’ for monogastric animals and only from natural or organic origin comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex VI to Regulation (EC) No 889/2008. In that Annex, the reference to some silage additives is unclear and needs to be clarified to avoid confusion.
(5) In its recommendations with regard to food(6) EGTOP concluded, inter alia, that the substances ‘glycerol’ as a humectant in gel capsules and surface coating in tablets, ‘bentonite’ as a processing aid, ‘L(+)lactic acid, and sodium hydroxide’ as a processing aid for the extraction of plant proteins and ‘tara gum powder’ as a thickener and ‘hop extract and pine rosin extract’ in sugar production comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex VIII to Regulation (EC) No 889/2008. Moreover, EGTOP recommended to require, for tara gum powder, lecithins, glycerol, locust bean gum, gellan gum, arabic gum, guar gum and carnauba wax, that they be produced organically. To allow for sufficient time to adapt to that new requirement, operators should be given a three-year transition period.
(6) In Annex VIIIa to Regulation (EC) No 889/2008, some references to the names of additives are unprecise and need to be clarified to avoid confusion.
(7) Regulation (EC) No 889/2008 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Organic Production,
HAS ADOPTED THIS REGULATION:
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).
Final report on fertilisers III https://ec.europa.eu/info/sites/info/files/food-farming-fisheries/farming/documents/final-report-egtop-fertilizers-iii_en.pdf
Final report on plant protection products IV https://ec.europa.eu/info/publications/egtop-reports-organic-production_en
Final report on feed III and food V https://ec.europa.eu/info/publications/egtop-reports-organic-production_en
Final report on food IV and final report on feed III and food V https://ec.europa.eu/info/publications/egtop-reports-organic-production_en