The EU Organic Regulation at a glance
These changes are effective from 2022
Jan 2022 (Update). The new EU Regulation has come into force and applies from 1 January 2022. The basic regulation is supplemented by the respective implementing regulations. The regulations define exactly how products and foodstuffs labelled as organic must be produced and manufactured and what has to be observed when importing them from third countries into the EU.
What are the changes for food business operators?
There are a number of legal changes that need to be taken into account, including
- Art. 2: extension of the scope of the regulation to include products related to agriculture
- Art. 7: prohibition of engineered nanomaterials
- Art. 24: regulation of detergents and disinfectants for processing and storage premises
- Art. 25: changes in the authorisation and verification of the use of conventional agricultural ingredients
- Art. 27 et seq.: obligation to take precautions and regulation on actions in the event of suspicion of non-compliance
- Art. 30 ff: changes in the indication of origin
- Art. 30 and others: amendment to the regulation on the use of flavourings, including a definition of organic flavours
- Art. 34: regulation on the involvement of subcontractors
- Art. 44 et seq.: new regulation on EU imports from third countries
- Annex II: concretisation in relation to organic baby food
For production and warehouse operations, the positive list for cleaning agents and disinfectants is still being revised. It was announced for 1 January 2024. This will however be postponed until 1 January 2026.
Legal acts
The organic legislation was further revised and supplemented with several subsequent legal acts. According to a press release dated 23 December 2020, from BÖLW e.V. (Bund Ökologische Lebensmittelwirtschaft, in German), three additional legal acts were published in the Official Journal and have now been completed.
The legal acts describe the production and control rules as well as the rules for imports from third countries. They refer to the corresponding EU regulations. Likewise, the general food control with the Controls Regulation (EU) 2017/625 on official controls as well as the Implementing Regulation (EU) 2021/1935 and (EU) 2021/2305 are examined with regard to their relevance for the organic regulation.
We answer your questions
Benefit from our many years’ experience in the organic sector. In a personal meeting, we check to what extent you are affected by the legal requirements. We will also be happy to advise you on how to best prepare for the new legal requirements. Just contact our expert on organic products, Anna Fecke.
Legal issues
Links to the current EU legal regulations:
- New Regulation (EU) 2018/848 on organic production and labelling of organic products of 17 June 2018 (consolidated text)
- Commission Implementing Regulation (EU) 2021/1165 of 15 July 2021 (consolidated text) (authorising certain products and substances for use in organic production)
- Former Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products of 28 June 2007
- Implementing Regulation (EC) No 889/2008 of 5 September 2008 (Production, labelling and control)
- Implementing Regulation (EC) No 1235/2008 of 8 December 2008 (Regulation of imports from third countries)