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COMMITTEE OF THE REGIONS – DIRECTORATE E – Horizontal Policies and Networks

Questionnaire

PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON ORGANIC PRODUCTION AND LABELLING OF ORGANIC PRODUCTS

COM (2014) 180

Consultation of the Subsidiarity Monitoring Network (SMN) and the Subsidiarity Expert Group (SEG)

BACKGROUND

On 24 March 2014, the European Commission published a proposal for a new Regulation on organic production and the labelling of organic products. The proposal aims at reviewing the current legal framework (Regulation (EC) No 834/2007) in order to address shortcomings of the existing system. Since the EU organic market has quadrupled in size over the last ten years, the Commission believes that the rules in force need to be updated and adjusted so that the sector can further develop and respond to future challenges. The proposal focuses on three main objectives: maintaining consumer confidence, maintaining producer confidence and making it easier for farmers to convert to organic farming. The aim is for organic farming to remain close to its principles and objectives so that public demands in terms of environment and quality are met.

Specifically, the Commission proposes:

·  to strengthen and harmonise rules, both in the EU and for imported products, by removing many of the current exceptions in terms of production and controls;

·  to reinforce controls by making them risk-based;

·  to make it easier for small farmers to join organic farming by introducing the possibility for them to sign up to a group certification system;

·  to better address the international dimension of trade in organic products with the addition of new provisions on exports; and

·  to simplify the legislation to reduce administrative costs for farmers and improve transparency.

The review of the political and legal framework for organic production is on the CoR Subsidiarity Work Programme 2014; this is why you have been asked to contribute to the subsidiarity analysis on relevant aspects of the Commission proposal.


The outcome of the consultation will be forwarded to Hester Maij (NL/PPE), rapporteur of the CoR opinion, which is currently being drafted and scheduled to be adopted at the December 2014 Plenary Session. The consultation report will also be sent to the European Commission.

Please complete and submit by 26 May 2014. You may upload the completed questionnaire directly onto the Subsidiarity Monitoring Network website (http://subsidiarity.cor.europa.eu – remember to log in). Alternatively, you can send it by email to .

Name of Authority:
Contact person:
Contact details (phone, email)
Member of / SMN

Please answer the following questions:

APPLICATION AND ENFORCEMENT OF EU ORGANIC LEGISLATION BY LOCAL AND REGIONAL AUTHORITIES
1. Is your local/regional authority involved in:
a) the application of EU organic legislation (e.g. power to grant exceptions or similar prerogatives delegated from central authorities)?
Yes / No
b) its enforcement (e.g. surveillance, controls)?
Yes / No
As relevant, please specify briefly how your local/regional authority is involved.
SUBSIDIARITY
Removal of exceptions
The proposed review of the legal framework aims at ensuring, by further harmonisation of certain areas, that the internal market for organic products functions properly. The draft Regulation will specifically reduce the possibility for Member States to grant exceptions to the rules (in relation, to inter alia: the obligation to manage agricultural holdings in their entirety in compliance with the requirements applicable to organic production; the obligation to use exclusively organic agricultural ingredients in the composition of organic processed products; the possibility to exempt certain types of retailers from the application of the Regulation, etc.)
2a. Do you believe that a removal of exceptions is necessary in order to achieve:
i) fair competition among operators?
Yes / No
ii) improved or maintained consumer confidence?
Yes / No
iii) a clear and uncomplicated legal framework?
Yes / No
iv) a trade free from obstacles?
Yes / No
2b. If yes, and as possible, please specify briefly the need for and the added value resulting from aremoval of such exceptions in order to achieve the above objectives?
2c. If no, and as possible, please specify briefly the reasons why the proposed EU action, i.e. areinforcement of the existing rules, is not necessary to achieve the above objectives.
Harmonisation of controls and response to non-compliance
The Commission proposal further aims at preserving the integrity of organic production and ensuring a level playing field for operators by introducing inter alia a common approach in relation to controls and non-compliance with the rules, e.g. in the case of presence of non-authorised substance residues in organic products.
3. Do you believe that a harmonisation of controls and a common approach to the same non-compliance with EU organic legislation is necessary in order to achieve:
i) fair competition among operators
Yes / No
ii) an effective functioning of the internal market
Yes / No
3b. If yes, and as possible, please specify briefly the need for and the added value resulting from the proposed reinforcement of the existing rules.
3c. If no, and as possible, please specify briefly the reasons why a strengthening of the existing rules is not necessary in this context.
PROPORTIONALITY
4a. Do you believe that the actions proposed in the draft Regulation (in particular those examined in point 2 and 3 of the questionnaire) is the appropriate way to achieve the intended objectives?
Yes / No
4b. If you consider that the proposed actions go further than necessary, what, in your opinion, would be a less restrictive, alternative way of achieving the intended objectives? If relevant, please provide a brief answer.
DELEGATED AND IMPLEMENTING ACTS
A large number of the provisions in the draft Regulation contain empowerment clauses which give the Commission the power to adopt delegated and/or implementing acts in accordance with Article 290 and 291 TFEU, in most of the regulatory areas.
5. Do you believe that the extensive delegated and implementing powers of the Commission provided in the proposal is a cause for concern?
Yes / No
If possible and relevant, please specify briefly why.
CONCLUDING REMARKS
Please indicate any other subsidiarity or proportionality concerns that the draft Regulation gives rise to in your view.
(max 350 words)

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Please note that the questionnaire with your contribution and your contact details will be published online. Your questionnaire may be transmitted to CoR rapporteurs and other EU institutions for information purposes. If you do not wish your questionnaire to be made available for this purpose, please notify us accordingly.

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