Organic Production and Labelling Regulation Revision

Introduction

Regulation (EU) 2018/848 on organic production and labelling of organic products establishes a modern and harmonized framework for the organic sector across the European Union. It repeals and replaces the previous Council Regulation (EC) No 834/2007, aiming to strengthen consumer trust, ensure fair competition for farmers and operators, and foster the sustainable development of organic production.

The regulation is a key part of the EU's Farm to Fork Strategy and the European Green Deal, contributing to objectives such as environmental protection, climate action, biodiversity preservation, and high animal welfare standards. It evolved from the need to update the rules to reflect the significant growth and changes in the organic market, addressing shortcomings of the previous legislation by simplifying rules, strengthening the control system, and creating a more level playing field for operators inside and outside the EU.

Main Goal

The primary goal of the regulation is to establish a sustainable management system for agriculture that respects nature's systems and cycles. It aims to produce high-quality food and other agricultural products using processes that do not harm the environment, human health, plant health, or animal health and welfare. Key objectives include:

• Contributing to the protection of the environment and climate.
• Maintaining the long-term fertility of soils.
• Fostering a high level of biodiversity.
• Ensuring high animal welfare standards.
• Providing consumers with confidence in products labelled as organic.

Who It Applies To

The regulation applies to all operators (natural or legal persons) involved at any stage of production, preparation, distribution, storage, import, or export of organic and in-conversion products. This includes:

• Farmers (plant and livestock producers).
• Aquaculture and algae producers.
• Food and feed processors.
• Distributors, wholesalers, and retailers.
• Importers and exporters.
• Groups of operators, for which a specific group certification system is established to reduce the burden on small farmers.

Key Dates

• Date of Application: The regulation became applicable on January 1, 2022.
• Transitional Measures: Products produced in accordance with the old Regulation (EC) No 834/2007 before January 1, 2022, may be placed on the market until stocks are exhausted.
• Derogation Deadlines: Certain exceptions are time-limited. For instance, the use of non-organic protein feed for poultry and porcine animals is permitted until December 31, 2026. Derogations for using non-organic plant reproductive material and non-organic animals are set to expire on December 31, 2036.
• Import Equivalence: The recognition of third countries under the old equivalence system (Regulation (EC) No 834/2007) will expire on December 31, 2026.

Exemptions

• Direct Sales: Operators that sell prepacked organic products directly to the final consumer are exempt from the notification and certification obligation, provided they do not produce, prepare, store (other than at the point of sale), or import such products.
• Mass Catering: Mass catering operations (e.g., restaurants, canteens) are not subject to this regulation, although Member States may apply national rules. The EU organic logo cannot be used on products from mass catering.

Key Provisions

• Production Rules: The regulation sets out detailed production rules based on principles of sustainability. This includes a ban on hydroponics (except for sprouted seeds), strict limitations on external inputs like fertilizers and pesticides, and a complete prohibition on Genetically Modified Organisms (GMOs), animal cloning, and ionising radiation.
• Labelling: Strict rules govern the use of terms like 'organic', 'bio', and 'eco'. The EU organic logo is mandatory for all pre-packed organic food produced within the EU. The label must also include the code number of the control body and an indication of the origin of the agricultural raw materials (e.g., 'EU Agriculture', 'non-EU Agriculture').
• Control System: The control system is strengthened, with risk-based official controls for all operators. All operators must undergo a verification of compliance at least once a year, which includes a physical on-the-spot inspection (this can be extended to 24 months for low-risk operators).
• Imports: The rules for imported organic products are stricter. The old system of recognizing third countries' rules as 'equivalent' is being phased out. Instead, producers in third countries wishing to export to the EU must comply with the same set of rules as EU producers (a compliance-based system) or be covered by a trade agreement that recognizes equivalence.
• Group Certification: A certification system for groups of small farmers is introduced to reduce inspection and certification costs and administrative burdens, making it easier for them to join the organic scheme.

Obligations & Requirements

• Certification: All operators must notify their activity to competent authorities and be certified by an accredited control body to market their products as organic.
• Precautionary Measures: Operators must implement and maintain precautionary measures to avoid contamination with non-authorised products and substances and to prevent the commingling of organic and non-organic products.
• Record-Keeping: Detailed records must be kept to ensure traceability throughout the entire supply chain, from farm to final consumer.
• Compliance: Operators must adhere to the specific production rules for their sector (plant, livestock, aquaculture, processed food/feed, wine, yeast) as detailed in the Annexes of the regulation.

Affected Products/Actors/Processes

• Products: The scope covers live and unprocessed agricultural products (including seeds), processed agricultural products for food and feed, and certain other products listed in Annex I, such as yeast, beeswax, essential oils, cotton, and wool.
• Actors: Farmers, food and feed manufacturers, processors, distributors, importers, exporters, retailers, and control authorities/bodies.
• Processes: All stages of the supply chain are affected, including soil management, crop cultivation, animal husbandry, feed formulation, food processing, packaging, transport, storage, and labelling.

Penalties

The regulation requires Member States to establish a system of sanctions for infringements. In cases of non-compliance, competent authorities or control bodies must take immediate action. If non-compliance affects the integrity of the product (e.g., contamination with a prohibited substance), the entire lot or production run is prohibited from being marketed with any reference to organic production. For serious, repetitive, or continued non-compliance, operators can be prohibited from marketing organic products for a specified period, and their organic certificate may be suspended or withdrawn.