Compliant control bodies, factory farming & EGTOP reports

In November the Commission intensified its legislative work finalising key regulations ahead of the changes expected next year. From 1^st January 2025 products imported from third countries may be sold on the EU market as organic if produced either in a country approved and listed as equivalent or produced in specific countries and certified by recognised control bodies in compliance with the EU Organic Regulation. Read our summary below. IFOAM Organics Europe’s members find more and early information about the EU Organic Regulation on our member extranet.
 
Control bodies, imports & a derogation period
In November the third list of ‘third country’ control bodies recognised according to compliance has been published in the Official Journal which was followed by the fourth one in December Commission Implementing Regulation (EU) 2024/2794 of 31 October 2024 amending Implementing Regulation (EU) 2021/1378 as regards the recognition of certain control bodies in accordance with Article 46 of Regulation (EU) 2018/848 of the European Parliament and of the Council as competent to carry out controls and issue organic certificates in third countries for the purpose of imports of organic products into the Union.
 
Commission Implementing Regulation (EU) 2024/3121 of 16 December 2024 amending Implementing Regulation (EU) 2021/1378 as regards the recognition of certain control bodies in accordance with Article 46 of Regulation (EU) 2018/848 of the European Parliament and of the Council as competent to carry out controls and issue organic certificates in third countries for the purpose of imports of organic products into the Union.
 
We started December with the publication of a new regulation related to imports on its first day Commission Delegated Regulation (EU) 2024/2975 of 25 September 2024 amending Delegated Regulations (EU) 2021/1698 and (EU) 2021/2306 as regards the import into the Union of high-risk organic and in-conversion products
 
The highly awaited regulation assuring a derogation period granted for newly recognised compliant control bodies and control authorities for maintaining the validity of equivalence-based operator certificates and for securing the issuance of Certificate of Inspections (COIs)  under equivalence until 15 Oct 2025 has been published: Commission Delegated Regulation (EU) 2024/3095 of 29 July 2024 amending Delegated Regulation (EU) 2021/1698 as regards the certification of certain operators and groups of operators in third countries and the controls performed by control authorities.
 
 
In mid-November a regulation was published which allows a new format for the visual display of the EU organic logo on product labels: Commission Delegated Regulation (EU) 2024/2867 of 2 September 2024 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the presentation of the organic production logo of the European Union was published.
 
Revised guidance on official controls
A document that might be relevant for those who work with organic certification and controls, the revised guidance on the Official Controls Regulation was also published: Commission Notice on the Implementation of Regulation (EU) 2017/625 of the European Parliament and of the Council (Official Controls Regulation)
 
Organic experts discuss factory farming & reports on insects, cleaning, and much, much more
During late November Expert Group on Organic production (GREX) meeting the Commission discussed with Member State experts the new  ruling of the European Court of Justice that was published in the Official Journal related to the definition of factory farming. Specifically Case C-228/23, AFAÏA: Judgment of the Court (First Chamber) of 4 October 2024 (request for a preliminary ruling from the Conseil d’État – France) – Association AFAÏA v Institut national de l’origine et de la qualité (INAO) (Reference for a preliminary ruling – Agriculture – Organic production and labelling of organic products – Regulation (EU) 2018/848 – Use of certain products and substances in organic production and their listing – Derogation – Implementing Regulation (EU) 2021/1165 – Annex II – Concepts of factory farming and landless livestock production – Consumer confidence – Animal welfare – Respect for the environment and the climate – Criteria)
 
Meanwhile the Expert Group for Technical Advice on Organic Production (EGTOP) finalized its report on factory farming which is now available and gives an insight into the planned revision of the regulation 2021/1165 in terms of finding a common understanding of the prohibition of animal-derived farm inputs from factory farming.
 
In other updates, the EGTOP held its last plenary meeting of the year on the first week of December where they discussed the possible finalization of four additional reports on:
Insect production
Cleaning and Disinfection
Fertilisers (vinasses, processing technique for feathers)
Food (E 1204 Pullulan additive, Yeast-based nutrients (as processing aid), Plant based proteins for fruit juices, Sodium hydroxide for debittering olives, Magnesium Chloride as salt substitute, Xylitol
 
European Court of Justice decision on the use of the organic logo
 
On 4 October 2024 the European Court of Justice published a preliminary ruling in a case (C-240/23) about the use of the EU organic logo and references on imported products.
The background in brief is that a German company, Herbaria Kräuterparadies GmbH produced a food supplement made of some fruit-based ingredients with added vitamins and iron. The German competent authority ruled that they had to remove the organic logo and references from the product, as the EU organic regulation does not allow the addition of vitamins and minerals only in case it is required for the production of that specific type of foodstuff under EU or national legislation. The company disagreed and argued that they suffer from unfair treatment as the very same product could bear the EU organic logo if it were manufactured in the U.S. and sold on the EU market under the EU-U.S. equivalency agreement. (Under the U.S. NOP fortification of organic products is not prohibited.)
While the decision of the EU Court of Justice acknowledges the fact that – within the framework of an equivalency agreement – the national regulation of another country is not necessarily equal in each point to the one of the EU but still can be considered as equivalent (if the same objectives and principles are fulfilled). However, in case of food products with added vitamins and minerals the EU organic logo and the EU organic references cannot be used neither on imported products, only the original organic logo and relevant terms used in respective third country because they do not fully comply with the EU organic requirements.
Detailed documentation is available here.
Since the ruling was published its interpretation and consequences are the subject of keen interest by all stakeholders.  Compared to the first reading when many were believing in a possible “narrow” interpretation concerning how the EU organic regulation foresees the fortification of processed organic food products, now it has become clear that the ruling may have more severe and extended impact questioning the justification of equivalence agreements. The Commission informed us that they are seeking for a solution minimising this impact however clear instructions on execution are not expected until the New Year. The status of imported products sold in the EU organic market under the existing equivalence-based third country recognitions or bilateral trade agreements, their possible incorporation in EU-manufactured organic food and the situation with reciprocal measures has to be clarified.
IFOAM Organics Europe addressed the issue in several letters and personal exchanges requesting a pragmatic solution on the short and the long term as well. The umbrella is committed to advocate for and provide recommendations towards reaching a solution which maintains the concept of equivalence-based trade agreements and safeguards continuous trade while securing consumer trust in the EU organic logo. 
 
 
 
For more information on the EU organic regulationand IFOAM Organics Europe’s work on this issue, please visit our website or contact lea.bauer@organicseurope.bio. Do note that we prioritise our members’ requests.
 
IFOAM Organics Europe members have early access to information on the EU Organic Regulation through our Interest and Expert Groups and our member member extranet. They also have one free access to the EU Organic Regulation guidelines.
 
For access to our member extranet and information about what you can gain from being a member, read our membership page and contact membership@organicseurope.bio.