IFOAM EU expresses its satisfaction that many suggestions proposed by IFOAM EU were included in the new proposal, such as group certification for small farmers or environmental requirements for processors and traders. Nevertheless, further improvements are necessary in order to achieve faster growth of organic farming in the European Union. Current proposal fails to reach its aim of sustainable growth of organic sector and brings new obstacles which may lead to a decline of organic production in Europe, particularly in less developed regions and at small farms. The Organisation believes that there is a necessity of progressive improvement of implementation of organic production rather than radical changes which brings the new proposal. In this context, IFOAM EU calls for ongoing debate on this matter and for further development of farming based on organic principles.
The new proposal changes the basic scope of agricultural products which are under organic legal framework. IFOAM EU believes that this modification is not necessary and cause pointless confusion. The scope from Regulation (EC) No 834/2007 clearly identifies four categories of products which is more understandable and practical. The categories are (a) live or unprocessed agricultural products, (b) processed agricultural products for use as food, (c) feed and (d) vegetative propagating material and seeds for cultivation. IFOAM EU expresses its conviction that in order to implement the Regulation, the scope must be easily comprehended by everybody. Moreover, the reference to the Treaty on the Functioning of the European Union and additional products which are not covered by this Treaty does not simplify the legal basis for organic production. Furthermore, the Organisation considers reinserting the possibility to establish national rules for out-of-scope animals as a crucial point. At the same time, fruit juices and some herbal teas should be included in the scope of the new proposal. In addition, cosmetics, textile, organic farming inputs and other non-food products should be also included in the scope since these products are present at the current market and their protection based on proper standards is very important.
Other changes are considered by the Organisation in the Article 3 where definitions are defined. Even though Commission included in the new proposal IFOAM EU’s suggestion of group certification for small farmers, the definition of group of operators is ineffective. The proposal defines an operator as a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may, in addition to producing food or feed, be engaged in processing of food or feed. However, this criterion is not suitable since farm with for instance 5 ha of raspberries is not a small farm. Therefore, IFOAM EU proposes that the criterion of small farmers should not be based on a farm’s area but on total turnover or labour use. Furthermore, the Organisation believes that farmers should be divided into groups based on geographical principles. Another term which should be properly defined or replaced is integrity. This expression is used on variety of parts of the Regulation without explanation.
In the new Regulation there is a possibility to adopt implementing acts twelve times and delegated acts nearly three times more. This is considered by IFOAM EU as not allowable. The Commission would have a power to make fundamental changes which would cause unclearness in the future. Delegated acts should be used only in cases when fast decisions are required and where basic requirements are already set. They should be used only if it is necessary. Implementing acts should be used only for technical questions where national specifics and experts are needed. Fundamental parts of the Regulation should not be possible to change with non-legislative acts. Finally, IFOAM EU suggests that some requirements can be left on individual national consideration.
Furthermore, IFOAM EU finds the necessity of changes in Articles 21 and Article 22. Terms bio and eco should not be used as derivatives or synonyms of the term organic since it can cause a confusion for both consumers and farmers. The use of multiple terms in labelling or advertising can bring many misunderstandings and conflicts about what is and what is not organic. In addition, the organic production logo of the European Union should not be required to appear on the packaging, it should be the choice of the producer. The Organisation considers European organic logo as unfair for non-EU producers and producers who do not want be identified with the organic production logo. Moreover, IFOAM EU suggests that the indication of the raw material of which is the product composed should be in case of EU/non-EU Agriculture, where the product is created from both raw material from European Union and raw material from the third country, with marked ratio of materials originating in the EU and originating outside the EU. Consumers have the right to know the percentage of how much is the product composed from EU materials and how much from non-European materials. This ratio is important for purchasing and consumption decisions where the consumer may prefer product mainly produced in the EU or in the third country.
As another crucial point, IFOAM EU considers the necessity of differing on basis of diverse situation in organic production through Europe. On behalf of this matter, the Recital (21) and Article (22) of Regulation (EC) No 834/2007 on flexibility should be re-inserted. This would help small farmers and farmers operating in countries where the organic production is not fully developed. Member States differ in organic production, infrastructure, geographical and climatic conditions etc. and farmers have diverse conditions in which they can develop organic products. Since availability of ingredients and practices vary depending on the region, The Regulation should consider differences in Member States.
IFOAM EU stresses out one more time the importance of effective changes in the new Regulation in order to increase an organic production in the European Union. The proposal should be based on the principles of organic farming and therefore the Organisation invites all political and interest groups towards further debate which will lead to an acceptable compromise.