The EU Commission (EC) is carrying out a review of the current organic regulation (834/2007) that sets the baseline rules for all organic food and farming throughout Europe.

Some of the draft proposals are quite revolutionary, others are not. We need to argue against any changes that would harm SOPA member businesses.

We are using this online survey as the most convenient way for you to have your say. We will be sending the survey in three parts so please ensure to complete all three.

Start here in Part 1 to protect your organic business.

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* 1. SCOPE OF THE LAW
The current scope of 834/2007 covers agricultural products, processed agricultural products and other products which are linked to agricultural products. New additions include sea salt. Hunting and fishing of wild animals remain outside the scope of the draft regulation. Mass catering operations also remain exempt. The Commission is proposing to give itself the power to adopt delegated acts to amend the list of products in annex 1, although this power will be restricted to products which are closely linked to agricultural products to be eligible for inclusion in the list. The Commission has indicated that it does not intend to include textiles and cosmetics as they do not fit under the framework of CAP and that it would result in a number of complex requirements that DG AGRI is not equipped to deal with e.g. allergens and dyes.

What impact will this have on your organic business?

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* 2. PRODUCTION RULES – REMOVAL OF DEROGATIONS
In 834/2007 derogations are officially termed exceptions. The draft proposal seeks to remove all existing exceptions to the rules. There are four derogations that SOPA members can use: the use of non-organic stock e.g. breeding replacements; use of non-organic feed; grazing of non-organic animals, and the use of non-organic seed. The Commission suggested that exceptions hinder the development of organic production, undermine consumer confidence, distort the market and they have a high administrative burden. Certainly we agree there is a high administrative burden to derogations, but we do believe they give the ability to override market shortages. In order to ensure a smooth transition from the current exceptions, the Commission would be empowered to adopt delegated acts providing for exceptions to the new regulation that would cease to apply on 31 December 2021. Without seeing these delegated acts it is difficult to evaluate the impact on the relevant sectors.

What impact will this have on your organic business?

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* 3. ORGANIC PULLETS
An exception (derogation) to use part organic pullets exists in 834/2007 to allow time for the Commission to develop standards for poultry. The draft proposal removes the ability to use part organic pullets.

What impact will this have on your organic business?

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* 4. RETAILER EXEMPTION
834/2007 states ‘operators who sell products directly to the final consumer or user provided 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’ are exempt from the organic controls. This exemption has been interpreted differently in different Member States which has resulted in difficulties with management, supervision and control. Therefore the Commission is seeking a harmonised approach across the EU. This is a key concern for the UK as it could put additional costs and administrative burden on small retailers who sell organic products. We think that retailers will not stock organic produce if they have to be certified to sell it.

What impact will this have on your organic business?

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* 5. ENVIRONMENTAL MANAGEMENT SYSTEM
Some organic businesses, but NOT micro-enterprises (employing less than 10 people or with less than €2m turnover), farmers or seaweed/aquaculture producers will be required to develop an environmental management system (EMS) for improving their environmental performance. The aim of this rule is to demonstrate positive environmental benefits. The detailed requirements of the EMS will be set out in a delegated act and it is therefore currently unclear whether this will be an unnecessary administrative burden with limited benefit or whether it is a useful requirement that will reduce the environmental impacts associated with production. Certain operators will face an additional fixed cost. Ultimately this cost will be passed on to the consumer. Whilst the purpose of the draft proposal is to increase the environmental benefits of organic production, the additional cost in the supply chain may result in reduced organic production and therefore overall reduced environmental benefits.

What impact will this have on your organic business?

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* 6. CONVERSION OF FALLOW
834/2007 permits the competent authority to consider a reduced conversion period on land that has not been treated with products not authorised for organic production. However, the draft proposal replaces this with a provision that no conversion period is necessary for land has been left fallow for at least the time period required for conversion. However, the draft proposal does not define fallow and there is insufficient explanation to give us the comfort that fallow has not been sprayed.

What impact will this have on your organic business?

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* 7. FEED INGREDIENTS
Non-organic feed materials from plant origin will no longer be permitted for use and won’t be included in authorised lists, which have not been published yet. This could also have a negative impact on processors if ingredients they are currently using are no longer allowed. This may lead to increased costs or the necessity to alter ingredients or use alternative ingredients that are not nutritionally acceptable. Consumers may benefit in terms of increased confidence from this draft proposal. However they may also face a price increase if processors pass their costs to consumers. The draft proposal also states that specific non-organic ingredients will no longer be allowed to be temporarily authorised. This is a concern as temporary authorisations provide necessary flexibility under catastrophic circumstances when organic feed materials become unavailable.

What impact will this have on your organic business?

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* 8. ORGANIC LIVESTOCK MUST BE BORN AND REARED ON ORGANIC HOLDINGS
The draft proposal states that non-organically raised animals would be no longer permitted to be brought onto an organic holding for breeding purposes. There is only the ability to bring in non-organic breeding replacements if they are rare breed and there is no exception if organic stock is not available in sufficient numbers. One area of clarity SOPA is seeking is the use of non-organic bulls and tups.

What impact will this have on your organic business?

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* 9. ORGANIC SEEDS DATABASE
The organic seeds database is still required in the draft proposal, however the details for establishment of the database would be set out in a delegated act so it is unclear whether there will be any changes to the current system. However, if the derogation for non-organic seed is removed, there should be little or no need for a database.

What impact will this have on your organic business?

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* 10. ORGANIC SEEDS DATABASE
The organic seeds database is still required in the draft proposal, however the details for establishment of the database would be set out in a delegated act so it is unclear whether there will be any changes to the current system. However, if the derogation for non-organic seed is removed, there should be little or no need for a database.

What impact will this have on your organic business?

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