New EU Regulation - update

27 August, 2008

The new EU Organic Regulation is due to be published in September and come into force on January 1, 2009 – i.e. uncomfortably soon.

While we still don’t know all of the fine detail at the time of writing, there are a number of key changes which have been agreed and which we can share with you here. Perhaps the single biggest change is that from 1/1/2009 EU Member States will no longer be allowed to set their own higher organic standards and will have to apply the new EU Regulation as written. However, the certification bodies will be able to set higher standards if they wish to. Please be aware that the OF&G board of directors is currently in the process of discussing whether we will be adopting the new EU Regulations or continuing with our existing standards. Our ever-vigilant Certification Manager, Steve Clarkson, has been following developments and provided this breakdown:

Conversion of land

Current UK position:

Land must normally undertake a two-year conversion period under organic management for that land to be classed as organic. A certification body may, in agreement with DEFRA, allow one of two types of reduced conversion.

Where field input records, a physical verification and Defra/ACOS approval confirms no inputs, a reduced conversion of up to four months can be given.
Where land is in an agri-environment scheme that can guarantee that no prohibited inputs have been applied or satisfactory proof can be given that land has not received any prohibited inputs for the three years prior to the start date of the conversion, the conversion of the land can be reduced to twelve months.

Currently in the UK the minimum conversion period that land must undergo is twelve months.

New EU Regulation:

Land must complete a two year monitored conversion for land to be classed as organic.

The criteria for reduced conversions are the same as the UK Regulation, however, the EU Regulation does not give any minimum time scales for conversion thus allowing a two year reduced conversion and effectively ‘overnight’ conversion.

Conversion of livestock

Current UK position:

For livestock to be sold as organic they must be born into an organic system.

Cattle whose progeny is intended for meat production must be managed as organic for at least 12 weeks before calving for the calf to be born as organic.

Ewes, goats and sows whose progeny is intended for meat production must be managed as organic from mating for the offspring to be born as organic.

The non-organic cow, ewe, goat or sow does not become organic, she becomes converted for producing organic calves and/or organic milk.

New EU Regulation:

Under normal circumstances animals brought in and/or reared for meat must be born and raised on an organic farm. However, where organic animals are not available, non-organic animals may be brought in as breeding stock. These animals may be deemed organic after completing a conversion period of:

12 months for equidae and bovines
Six months for small ruminants and pigs

In addition, for animals existing on the holding at the beginning of the conversion, they can be deemed organic after the land has completed the conversion and they have completed the livestock conversion periods detailed above.

Health plan

Current UK Position:

The Animal Health plan forms an integral part of the livestock management plan. It is designed to highlight areas of concern with regard to disease incidents and, if used to its full potential, will lead to better management and less use of conventional treatments.

EU Regulation:

An Animal Health Plan is not required under the new EU regulation (however, health plans will still be necessary in most cases as a requirement of farm assurance schemes).

Derogations

Current UK Position:

Products that farmers and growers are allowed to apply to organic/converting fields can either be used without prior approval or must be approved by OF&G before use. It is the view of OF&G that this approval process focuses the mind of the operator, reduces the risk of non-compliant actions and adds a mechanism that allows us to question the use of these products.

New EU Regulation:

Those products that previously required prior approval by the certification body (CB) will not need this approval under the new EU Regulation and can be used as long as the operator keeps a record and justification of use. It will then be the responsibility of the CB to check on the use of these products at the inspection.

This means that, without checks by the CB, products may be used that are not compliant with the standards leading to decertification etc.

Please be aware that we are currently in the process of discussing whether we will be adopting the new EU Regulations above or continuing with our existing standards.

EU Logo and Labelling Requirements

Following something of a debacle when the planned EU ‘bio’ logo was unveiled (because it looked too similar to an Aldi supermarket trademark) the EU Commission has finally unveiled its plans for a replacement. Although information is still sparse, the Commission apparently intends to open up a competition for art and design students to come up with a new image. This competition was due to be launched at the end of July but, for some reason, was not.

Once designed and agreed this symbol will be required to be used on all produce packed, or packed and labelled, in the EU. To the best of our knowledge at the time of writing, the logo is to be introduced from 31 July, 2010. However, we would advice licensees not to act on this date, as it has yet to be clarified.

What is clear now is that new labelling requirements will come into force with the introduction of the new EU Organic Regulation on January 1, 2009. From this time the organic regulation will say that labels should specify whether the country of origin of the product is EU, non-EU or a combination of EU/non-EU (but not the specific country). HOWEVER, following close inspection of the draft new regulation and discussion with Defra, we have determined that the following is true: as part of transitional measures, packaging and labels need not comply with the new regulations until 1 January, 2012, as long as the product packaged does comply with the production requirements of the new regulation.

As ever this has become a fairly complex affair and obtaining clarification from the various quarters proves quite difficult. We will continue to update you as we find out more information.

If you require further information please contact Steve Clarkson, Certification Manager at OF&G.