EU rules on producing and labelling organic products (from 2022)

KEY POINTS

• The regulation builds upon and broadens the scope of the EU’s legislation on the production and labelling of organic products to also cover products closely linked to agriculture, such as yeasts, salt, essential oils, and cotton and wool (not carded or combed).
• It harmonises the rules applicable to organic operators in the EU Member States and non-EU countries through the introduction of a compliance system.
• It simplifies access to the scheme for small operators.
• It reviews the livestock organic production rules and introduces rules for new species, such as rabbits.

Principles

Organic production should:

• respect natural systems and cycles;
• maintain and improve the state of the soil, water and air, and plant and animal health, and the balance between them;
• preserve the elements of natural landscapes;
• use energy and natural resources responsibly;
• produce a wide variety of high-quality products to meet consumer demand;
• ensure the integrity of organic production at all stages of the production, processing and distribution processes of food and animal feed;
• exclude the use of genetically modified organisms (GMOs) and products produced from or by GMOs¹, other than veterinary drugs;
• restrict the use of external inputs;
• design and manage biological processes using methods based on risk assessment and the use of precautionary and preventive measures;
• exclude animal cloning;
• ensure a high level of animal welfare.

Requirements

Among other things, organic farming must:

• maintain and enhance soil life and its natural fertility, stability, water retention capacity and biodiversity;
• use seeds and animals with a high degree of genetic diversity, disease resistance and longevity;
• choose plant varieties – taking into account the characteristics of specific organic production systems – focusing on agronomic performance and disease resistance;
• choose animal breeds taking into account a high degree of genetic diversity, breeding value, adaptability, longevity, vitality and resistance to diseases and health problems;
• practice site-adapted and land-related livestock production.

Production

To avoid adverse effects on the environment and on animal and plant health, producers must:

• take appropriate measures to:
  • preserve biodiversity and soil fertility,
  • prevent the occurrence of pests and diseases,
  • contribute to a high level of animal welfare and to a non-toxic environment;
• take proportionate and precautionary measures at each stage of production, preparation and distribution to avoid contamination with products or substances not authorised for use in organic production.

Conversion period

• When a farm wishes to move to producing organic products, it must go through a conversion period during which the entire farm must be managed in accordance with organic production rules, although its products at this stage are not considered to be organic. It can only place its products on the market as organic products once this conversion period has elapsed and has been checked.
• However, food and feed products of plant origin containing only one agricultural crop ingredient can be marketed as in-conversion products, provided that there has been a conversion period of 12 months before the harvest. This rule now also applies to plant reproductive material (including seeds and plants at any stage of growth used to produce entire plants).
• Following the conversion period, any EU-based farm wishing to move to organic production must be managed fully in line with organic production requirements.
• The regulation also allows farms to have both organic and non-organic production, on the condition that their activities are separated in terms of production units (non-organic, in-conversion and organic), which have to be clearly and genuinely separated.

Certification

• Operators (e.g. producers, processors and distributors) must notify the relevant authorities of their activities so that the authorities can officially certify that they comply with the organic production and labelling rules.
• The regulation introduces a new system of group certification² for small farmers, making it easier for them to switch to organic farming.

Official controls and labelling

• The control system is strengthened by means of stricter precautionary measures and more robust risk-based controls of the supply chain. In principle, on-the-spot checks are carried out on operators once a year. However, this may be extended to up to two years where previous controls have not shown any instance of non-compliance over the previous three years and the operators concerned present a low risk of non-compliance.
• If a control body suspects an operator of trying to place a non-authorised product on the market as organic, it must formally investigate and temporarily ban the placing on the market of that product pending the investigation’s outcome. In the event of serious or repeated infringements, operators may be prohibited from selling products described as organic for a given period or may have their certificate withdrawn.
• Specific controls on organic farming are complemented by the EU’s general rules on official controls along the agri-food chain (Regulation (EU) 2017/625 – see summary).

Imports

A product may be imported from a non-EU country to be sold in the EU as an organic product if certain conditions are met. The product must:

• comply with the production and control rules of the non-EU country, which are recognised under an international agreement as being equivalent to those in the EU;
• have a certificate issued by the relevant control authorities or control bodies in the non-EU country confirming that the product complies with EU standards.

Organic pet food

Regulation (EU) 2023/2419 sets out specific labelling requirements for pet food produced in accordance with the rules concerning organic production of feed provided for in Regulation (EU) 2018/848. Pet food, in particular for cats and dogs, can bear the EU organic production logo. The organic production logo will be mandatory for pre-packed pet food labelled as organic.

Implementing acts

The European Commission has adopted the following legal acts.

• Implementing Regulation (EU) 2020/464, which provides rules for applying Regulation (EU) 2018/848 as regards:
  • the documents needed for the retroactive recognition of periods for the purpose of conversion;
  • the production of organic products;
  • the information Member States need to provide to the Commission.
• Implementing Regulation (EU) 2021/279, which provides rules for:
  • official investigations in cases of suspicion of non-compliance;
  • the size of operator groups and the documentation of their system of internal controls;
  • minimum control requirements;
  • national catalogues of measures for cases of non-compliance;
  • the exchange of information between the Member States and the Commission.
• Implementing Regulation (EU) 2021/1165, which authorises and lists certain products and substances for use in organic production, later corrected and amended by Implementing Regulation (EU) 2023/121.
• Implementing Regulation (EU) 2021/1378, which provides rules for the certificate issued to operators, groups of operators and exporters in non-EU countries involved in the imports of organic and in-conversion products into the EU, and for establishing the list of recognised control authorities and control bodies in non-EU countries.
• Implementing Regulation (EU) 2021/1935 amending Implementing Regulation (EU) 2019/723, which provides for the use of the organic farming information system for the submission of information and data on organic production and the labelling of organic products to be submitted by means of the standard model form to be used in annual reports submitted by Member States in relation to Regulation (EU) 2017/625.
• Implementing Regulation (EU) 2021/2119, which provides detailed rules for certain records and declarations required from operators and groups of operators and on the technical means for the issuance of certificates, and which introduced amendments to Implementing Regulation (EU) 2021/1378 regarding the issuance of the certificate for operators, groups of operators and exporters in non-EU countries.
• Implementing Regulation (EU) 2021/2307, which provides rules for documents and notifications required for organic and in-conversion products intended for import into the EU.
• Implementing Regulation (EU) 2021/2325, establishing the list of non-EU countries and the list of control authorities and control bodies recognised under Regulation (EC) No 834/2007 for the purpose of importing organic products into the EU.
• Implementing Regulation (EU) 2023/1195 on rules for the details and the format of the information to be made available by Member States on the results of official investigations concerning cases of contamination with products or substances not authorised for use in organic production.

Delegated acts

The Commission has adopted several delegated acts amending Regulation (EU) 2018/848 or its annexes.

• Delegated Regulation (EU) 2020/427 amends Annex II to Regulation (EU) 2018/848 as regards certain detailed production rules for organic products. This was amended in turn by Delegated Regulation (EU) 2021/269.
• Delegated Regulation (EU) 2020/1794 amends Part I of Annex II to Regulation (EU) 2018/848 as regards the use of in-conversion and non-organic plant reproductive material.
• Delegated Regulation (EU) 2021/642 amends Annex III to Regulation (EU) 2018/848 as regards certain information to be provided on the labelling of organic products.
• Delegated Regulation (EU) 2021/715 amends Regulation (EU) 2018/848 as regards the requirements for groups of operators.
• Delegated Regulation (EU) 2021/716 amends Annex II to Regulation (EU) 2018/848 as regards organic production rules on sprouted seeds and chicory heads, on feed for certain aquaculture animals and on aquaculture parasite treatments.
• Delegated Regulation (EU) 2021/1006 amends Regulation (EU) 2018/848 as regards the model of the certificate attesting compliance with the rules on organic production.
• Delegated Regulation (EU) 2021/1691 amends Annex II to Regulation (EU) 2018/848 as regards the requirements for record-keeping for operators in organic production.
• Delegated Regulation (EU) 2021/1697 amends Regulation (EU) 2018/848 as regards the criteria for the recognition of control authorities and control bodies that are competent to carry out controls on organic products in non-EU countries, and for the withdrawal of their recognition.
• Delegated Regulation (EU) 2023/207 amends Regulation (EU) 2018/848 by replacing its Annex VI (model of certificate attesting compliance with rules on organic production).

In addition, other delegated regulations supplement Regulation (EU) 2018/848.

• Delegated Regulation (EU) 2019/2123 on rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points, and documentary checks may be performed at distance from border control posts, later amended by Delegated Regulation (EU) 2021/2305.
• Delegated Regulation (EU) 2019/2124 on rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the EU, later amended by Delegated Regulations (EU) 2020/2190 and 2021/2305.
• Delegated Regulation (EU) 2020/2146 on exceptional production rules in organic production.
• Delegated Regulation (EU) 2021/771 on specific criteria and conditions for the checks of documentary accounts in the context of official controls in organic production and the official controls of groups of operators.
• Delegated Regulation (EU) 2021/1189 on the production and marketing of plant reproductive material of organic heterogeneous material of particular genera or species.
• Delegated Regulation (EU) 2021/1342 on rules on the information to be sent by non-EU countries and by control authorities and control bodies for the purpose of supervision of their recognition under Regulation (EC) No 834/2007 for imported organic products and the measures to be taken in the exercise of that supervision.
• Delegated Regulation (EU) 2021/1698 on procedural requirements for recognising control authorities and control bodies that are competent to carry out controls on operators and groups of operators that are certified organic and on organic products in non-EU countries, the rules on their supervision and the controls and other actions to be performed by those control authorities and control bodies, subsequently amended by Delegated Regulation (EU) 2023/1686.
• Delegated Regulation (EU) 2021/2304 on rules on the issuance of complementary certificates certifying the non-use of antibiotics in the organic production of animal products for the purpose of export.
• Delegated Regulation (EU) 2021/2305 on rules on the cases where and conditions under which organic products and in-conversion products are exempted from official controls at border control posts, the place of official controls for such products.
• Delegated Regulation (EU) 2021/2306 on rules on the official controls in respect of consignments of organic products and in-conversion products intended for import into the EU and on the certificate of inspection.
• Delegated Regulation (EU) 2022/1450 on rules on the use of non-organic protein feed for the production of organic livestock due to Russia’s invasion of Ukraine.