32 Amendments of Christel SCHALDEMOSE related to 2014/0100(COD)

Proposal for a regulation
Recital 49

(49) In the absence of specific Union rules on the measures to take when non- authorised substances or products are present in organic products, different approaches have been developed and implemented across the Union. This situation creates uncertainties for operators, control authorities and control bodies. It may also entail a different treatment of operators in the Union and affect consumers’ confidence in organic products. It is therefore appropriate to lay down clear and uniform provisions to prohibit marketing as organic those products in which any non-authorised products or substances are present beyond given levels. Those levels should be established taking account in particular of Commission Directive 2006/125/EC31 on processed cereal-based foods and baby foods for infants and young children. __________________ 31Commission December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).Directive 2006/125/EC of 5

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1

This Regulation establishes the principles of organic production and lays down the rules concerning organic production, inspection and certification thereof, and the use of indications referring thereto in labelling and advertising.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 3 – point 33

(33) ‘control authority’ means control authority for organic production and labelling of organic products as defined in point 39 of Article 2 of Regulation (EU) No XXX/XXXX [Official controls Regulation] to which a competent authority has, wholly or in part, transferred its responsibility for checking and certifying organic production in accordance with this Regulation or, where applicable, an equivalent authority performing its activities in a third country;

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 3 – point 34

(34) ‘control body’ means a delegated body as defined in point 38 of Article 2 of Regulation (EU) No XXX/XXXX [Official controls Regulation] that checks and certifies organic production in accordance with this Regulation, as well as an equivalent body recognised by the Commission or by a third country recognised by the Commission to carry out controls and certification in third countries for the import of organic products into the Union;

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 5 – introductory part

~~In the framework of agricultural activities and aquaculture, o~~Organic production shall ~~in particular~~ be based on the following specific principles:

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 5 – point f

(f) observance of a high level of animal welfare respecting species-specific needs shall take place at all stages of life, including transport and slaughter;

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) the entire agricultural holding or aquaculture operation shall be managed in compliance with the requirements applicable to organic production; with the exception of holdings or operations that fulfil any of the following conditions:

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 7 – paragraph 1 – point a – point i (new)

i) conventional farming activities are clearly differentiated from organic farming activities, e.g. organic crop and conventional animal production;

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Organic farmers shall put in place strategies that enhance nature and protect biodiversity, and limit the negative impacts of climate change.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. Each Member State shall ensure that a computerised database is established for listing the available young stock originating from organic stock and holdings within the Union.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 1 a (new)

1a. The transport of organic animals shall not only meet the requirements of Regulation No (EC) 1/20051a, but it shall ensure the respect of higher animal welfare standards through additional rules limiting the duration of transport and setting conditions for the transport of organic animals in accordance with Annex II of this Regulation. _______________________ 1aCouncil Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1–44)

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 1 b (new)

1b. In line with the precautionary principle, the Commission shall establish a list of substances that cannot be used in materials used for packaging organic products.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 19 – paragraph 4 a (new)

4a. A Member State may put forward a proposal for inclusion of a simple substance that is considered to be in line with the principles of organic farming and food processing (as plant protection product or basic substance; as fertilizer or soil conditioner; as feed material; as feed additive or processing aid) by sending a dossier for notification to all Member States with a full description of the substance, the reasoning of why it should be included and a demonstration of how it fulfils the criteria for authorization. In case there is no objection from any Member State within three months of the notification, the substance is to be included in the lists of authorised products and substances without any further examination. In case there is at least one objection, the Member State may notify the Commission. Further to such notification, the Commission shall, as appropriate, adopt an implementing act authorising the substance in accordance with paragraph 5.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 20

Presence of non-authorised products or 1. Products in which the presence of products or substances that have not been authorised in accordance with Article 19 is detected beyond the levels established taking account in particular of Directive 2006/125/EC, shall not be marketed as organic. 2. In order to ensure the effectiveness, efficiency and transparency of the organic production and labelling system, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 regarding the specific criteria and conditions for the application of the levels referred to in paragraph 1 and regarding the establishment of those levels and their adaptation in the light of technical developments. 3. By way of derogation from Article 211(1) of Regulation (EU) No 1308/2013, and subject to an authorization by the Commission adopted without applying the procedure referred to in Article 37(2) or (3) of this Regulation, Member States may grant national payments to compensate farmers for the losses they have incurred due to the contamination of their agricultural products by non-authorised products or substances which prevents them from marketing those products as organic provided that the farmers have taken all appropriate measures to prevent the risk of such contamination. Member States may also use the instruments of the Common Agricultural Policy to cover totally or partially such losses.Article 20 deleted substances

2015/03/09
Committee: ENVI

Proposal for a regulation
Chapter 5 – title

Organic control and certification

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 24

~~[...]~~deleted

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 24 a (new)

Article 24a Control system (1) Member States shall set up a system of controls and designate one or more competent authorities responsible for controls in respect of the obligations established by this Regulation in conformity with Regulation (EU) No XXX/XXXX (regulation on official controls). (2) In addition to the conditions laid down in Regulation (EU) No XXX/XXXX (regulation on official controls), the control system set up under this Regulation shall comprise at least the application of precautionary and control measures to be adopted by the Commission in accordance with the procedure referred to in Article 37(2). (3) In the context of this Regulation the nature and frequency of the controls shall be determined on the basis of an assessment of the risk of irregularities and infringements as regards compliance with the requirements laid down in this Regulation. In any case, all operators, with the exception of wholesalers dealing only with pre-packaged products and operators selling to the final consumer or user, as referred to in Article 24b(2), shall be subject to a verification of compliance at least once a year. (4) The competent authority may: a) confer its control competences on one or more other control authorities. Control authorities shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources necessary to carry out their functions; b) delegate control tasks to one or more control bodies. In that event, Member States shall designate authorities responsible for the approval and supervision of such bodies. (5) The competent authority may delegate control tasks to a particular control body only if the conditions laid down in Article 5(2) of Regulation (EU) No XXX/XXXX (regulation on official controls) are satisfied, and in particular where: a) there is an accurate description of the tasks that the control body may carry out and of the conditions under which it may carry them out; b) there is proof that the control body: i) has the expertise, equipment and infrastructure required to carry out the tasks delegated to it; ii) has a sufficient number of suitable qualified and experienced staff; and iii) is impartial and free from any conflict of interest as regards the performance of the tasks delegated to it; c) the control body is accredited under the most recent version, notified by publication in the C series of the Official Journal of the European Union, of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems), and is approved by the competent authorities; d) the control body communicates the results of the controls carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the controls reveal non-compliance or point to the likelihood of non-compliance, the control body shall immediately inform the competent authority; e) there is effective coordination between the delegating competent authority and the control body. (6) In addition to the conditions laid down in paragraph 5, the competent authority shall take the following criteria into account when approving a control body: a) the standard control procedure to be followed, containing a detailed description of the control measures and precautions that the body undertakes to impose on operators subject to its control; b) the measures that the control body intends to apply where irregularities and/or infringements are identified. (7) The competent authorities may not delegate the following tasks to control bodies: a) the supervision and audit of other control bodies; b) the competence to grant exceptions, as referred to in Article 22, unless this is provided for in the specific conditions laid down by the Commission in accordance with Article 22(3). (8) In accordance with Article 5(3) of Regulation (EU) No XXX/XXXX (regulation on official controls), competent authorities delegating control tasks to control bodies shall organise audits or inspections of control bodies as necessary. If an audit or an inspection reveals that such bodies are failing to carry out properly the tasks delegated to them, the delegating competent authority may withdraw the delegation. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action. (9) In addition to the requirements laid down in paragraph 8, the competent authority shall: a) ensure that the controls carried out by the control body are objective and independent; b) verify the effectiveness of its controls; c) note any irregularities or infringements identified and corrective measures taken; d) withdraw approval of the control body if it fails to meet the requirements referred to in (a) and (b) or no longer fulfils the criteria set out in paragraphs 5 and 6 or fails to meet the requirements laid down in paragraphs 11, 12 and 14. (10) Member States shall allocate a code number to each control authority or control body performing control tasks as referred to in paragraph 4. (11) Control authorities and control bodies shall give the competent authorities access to their offices and facilities and provide any information and assistance deemed necessary by the competent authorities for the fulfilment of their obligations under this Article. (12) The control authorities and control bodies shall ensure that at least the precautionary and control measures referred to in paragraph 2 are applied to operators subject to their control. (13) Member States shall ensure that, in accordance with Article 18 of Regulation (EC) No 178/2002, the control system as set up makes for the traceability of each product at all stages of production, preparation and distribution, in order to give consumers in particular guarantees that organic products have been produced in compliance with the requirements set out in this Regulation. (14) By 31 January each year at the latest, the control authorities and control bodies shall forward to the competent authorities a list of the operators which were subject to their controls on 31 December of the previous year. A summary report of the control activities carried out during the previous year shall be provided at the latest by 31 March each year. _____________________ 1aRegulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 24 b (new)

Article 24b Participation in the control system (1) Any operator who produces, prepares, stores or imports from a third country products within the meaning of Article 1(2) or who places such products on the market shall, prior to placing products on the market as organic or in conversion to organic: a) notify his activity to the competent authorities of the Member State where the activity is carried out; b) submit his undertaking to the control system referred to in Article 24a. The first subparagraph shall apply also to exporters who export products produced in compliance with the production rules laid down in this Regulation. Where an operator contracts out any of the activities to a third party, that operator shall nonetheless be subject to the requirements referred to in points (a) and (b), and the subcontracted activities shall be subject to the control system. (2) Member States may exclude from the scope of this Article operators who sell products directly to the final consumer or user, provided that they do not produce, prepare, store other than in connection with the point of sale or import such products from a third country or have not contracted out such activities to a third party. (3) Member States shall designate an authority or approve a body to receive such notifications. (4) Member States shall ensure that any operator who complies with the provisions of this Regulation, and who pays a reasonable fee as a contribution to the control expenses, is entitled to be covered by the control system. (5) The control authorities and control bodies shall keep an up-to-date list containing the names and addresses of operators under their control. This list shall be made available to the interested parties. (6) The Commission, acting in accordance with the procedure referred to in Article 37(2), shall adopt implementing rules for the notification and submission procedure referred to in paragraph 1 of this Article, in particular as regards the information to be included in the notification referred to in paragraph 1(a) of this Article.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 25 – paragraph 1

1. Operators and groups of operators that have notified their activity in accordance with Article 24b(1) and comply with this Regulation shall be entitled to be provided with an organic certificate. The organic certificate, issued in electronic form wherever possible, shall at least allow the identification of the operator or group of operators, the type or range of products covered by the certificate and its period of validity.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 26 a (new)

Article 26a Measures in case of infringements and irregularities (1) Where an irregularity is found as regards compliance with the requirements laid down in this Regulation, the control authority or control body shall ensure that no reference to the organic production method is made in the labelling and advertising of the entire lot or production run affected by this irregularity, where this would be proportionate to the relevance of the requirement that has been breached and to the nature and particular circumstances of the irregular activities. Where a severe infringement or an infringement with prolonged effect is found, the control authority or control body shall prohibit the operator concerned from marketing products which refer to the organic production method in the labelling and advertising for a period to be agreed with the competent authority of the Member State. (2) Information on cases of irregularities or infringements affecting the organic status of a product shall be immediately communicated between the control bodies, control authorities, competent authorities and Member States concerned and, where appropriate, to the Commission. The level communication at which communication takes place shall depend on the severity and the extent of the irregularity or infringement found. The Commission may, in accordance with the procedure referred to in Article 37(2), lay down the form of and the procedures for such communications.

2015/03/09
Committee: ENVI

Proposal for a regulation
Article 26 b (new)

Article 26b Exchange of information In response to a request justified by the need to guarantee that a product has been produced in accordance with this Regulation, the competent authorities, control authorities and control bodies shall exchange relevant information on the results of their controls with other competent authorities, control authorities and control bodies. They may also exchange such information on their own initiative.

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 1 – point 1 – point 7 – point 3

1.7.3. The livestock shall have permanent access to open air areas, preferably pasture for herbivores, whenever weather conditions and the state of the ground allow this, unless restrictions and obligations related to the protection of human and animal health are imposed on the basis of Union legislation.

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 1 – point 1 – point 7 – point 7 a (new)

1.7.7a. The maximum transport duration rules referred to in point 1.7.7 shall be adapted according to species-specific needs to be defined in this Annex, but they shall never exceed the maximum limits set out under point 1.7.7. Other conditions for transport, such as space allowances on lorries, flooring, temperature control, access to water, social requirements and lairage conditions, shall also be set in this Annex according to each species.

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 1 – point 1 – point 7 – point 11 a (new)

1.7.11a. The Commission shall carry out a study, before 2020, on the usefulness of and need for the castration of piglets, with a view to considering a ban on castration in organic production.

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 1 – point 1 – point 7 – point 12

1.7.12. Loading and unloading of animals shall be carried out without the use of any type of electrical stimulation to coerce the animals~~. The use of allopathic tranquillisers, prior to or during transport, shall be prohibited.~~, except in exceptional circumstances and according to the provisions of Annex III Article 1.9. of Regulation (EC) No 1099/ 20091a Mixing of unknown animals during transport or lairage and unnecessary overnight lairage shall be prevented. Social animals shall be kept in groups and shall be able to move and turn around in the pens. The use of allopathic tranquillisers, prior to or during transport, shall be prohibited. __________________________ 1aCouncil Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (OJ L 303, 18.11.2009, p. 1–30)

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 2 – point 2 – point 4 – point 2 – introductory part

Poultry shall either be reared until they reach a minimum age or else shall come from slow-growing poultry strains as defined by the cCom~~petent authority~~mission. Where slow- growing poultry strains are not used by the farmer, the minimum age at slaughter shall be as follows:

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 2 – point 2 – point 4 – point 4 – point c

(c) poultry shall have access to an open air area for at least one third of their life, and permanently from when they are fully feathered. Open air areas for poultry shall be mainly covered with annual or perennial vegetation, and shall be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs;

2015/03/09
Committee: ENVI

Proposal for a regulation
Annex II – part II – paragraph 2 – point 2 – point 4 – point 4 – point g

(g) buildings shall be emptied of livestock between each batch of poultry reared. The buildings and fittings shall be cleaned and disinfected during this time. In addition, when the rearing of each batch of poultry has been completed, runs shall be left empty during a period to be established by the Member States in order to allow vegetation to grow back. These requirements shall not apply where poultry are not reared in batches, are not kept in runs and are free to roam, throughout the day. Poultry can be kept in open areas with at least 50 percent coverage of annual or perennial vegetation. A mixture of trees and open spaces are allowed.

2015/03/09
Committee: ENVI