Current Issues / Access organic products - EU  

Access organic products - EU

** Update on Canadian organic regulations

Proposed regulations for organic agricultural products has been published in Canada Gazette, Part I, on September 2, 2006. The regulations and standards are available at:

http://canadagazette.gc.ca/partI/2006/20060902/html/regle2-e.html and

http://www.tpsgc-pwgsc.gc.ca/cgsb/on_the_net/organic/index-e.html

Industry and trading partners are invited to comment on the proposed regulations. The comment period will end November 16, 2006. Comments will be addressed in the final regulations to be printed in Canada Gazette Part II.

We plan to initiate the equivalency process with the EU in September 2006, in an attempt to meet the current December 2006 deadline.

**Please note that the Council of Agriculture Ministers has unanimously adopted the long-awaited proposal to amend Regulation No 2092/91 (click here to see the document). This effectively extends the derogation for organic products from third countries not included in the EU approved third country list (Canada and many others) until December 31, 2006. Therefore Canadian organics exporters may continue exporting their products to the EU for another year under the conditions of the current regime. In the meantime, equivalency discussions will have to be launched and concluded as anticipated, in order to secure longer term, permanent access to the EU organics market.

Access to the European Union (EU) market for organic agricultural products

In 1991, the first regulation on European biological agriculture [regulation (the EEC) n° 2092/91 ] was introduced and its entry into force, in 1992. The regulation also cover the importation of products resulting from biological agriculture coming from third country whose criteria and systems of controls as regards to biological agriculture were recognized equivalent to those into force in the EU.

Until December 31, 2006, the EU regulation allows imports of products originating from countries not on the third country list if there is sufficient evidence that the imported products were processed according to standards equivalent to those of the EU, and that its inspection and labelling measures are of equivalent effectiveness as those in the EU. After 2006, imports of organic products must originate in countries appearing on the EU third country list. THERE IS NO INDICATION THAT THE EU WILL POSTPONE THIS ULTIMATE DEADLINE.

Canada does not appear on this list at this time.

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What is the equivalence examination procedure of the European Union towards the Canadian biological products?

http://www.caaq.org/appellation-biologique/production-preparation/exportation/union-europeenne.asp

The EU accepts that criteria and control systems in exporting countries that pertain to organic agriculture may be regarded as equivalent to the Community's effective regulations - Article 11, Paragraph 1 [Regulation (EEC) No. 2092/91] and [Regulation (EEC) No. 1804/1999]. Once a country has been declared as equivalent, it is included on the list of authorized third countries. As such, products that originate from these countries and that result from organic agriculture may be imported and circulate freely within the European Union market. Until now, and in accordance with provisions contained in Article 11, Paragraph 1, the EU has only approved five countries: Argentina, Australia, Israel, New Zealand and Switzerland.

It is the countries themselves that must submit an application for recognition to the European Commission. Canada has not applied for this recognition yet.
Given that Canada has not yet been included on the list of recognized third countries, then according to Article 11(6), EU importers must apply for import authorization. This application is to be made before any goods declared as being organic can be imported into the European Union market. All goods exported will be place in detention and will not be authorized to cross the border until the proper authorities in the importing country have been verified and approved the goods presented for importation.

In order to submit an application for import authorization to EU reviewing authorities, the importer must be in possession of a certificate from a certifying body establishing that the production, processing and export of the product from a third country can meet requirements and standards put in place for the organic sector. For Quebec products, certifying bodies must use the European certificate format, as reserved for products being exported to Europe.

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In Summary, in Order to Export Products to Europe, You Must:

• Hold a license issued by a CAAQ-accredited certifying body
• Provide an original "control certificate" to customs authorities
• Have your European client obtain import authorization

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Canadian background on the proposed national inspection regime for organic agriculture:

http://www.agr.gc.ca/publicon/e/histor_e.htm

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Problems description :

http://www.agr.gc.ca/publicon/e/problem_e.htm
http://www.newfarm.org/international/features/0104/canadacertified_print.shtml

Agriculture and Agri-Food Canada (AAFC) and the Canadian Food Inspection Agency (CFIA) have been working with the organic industry to assess the need and develop options for a mandatory organic regulation. In September 1995, AAFC drafted regulations for organic production and certification. However, since the organic industry did not reach a consensus, the regulations were not implemented.

The voluntary nature of the Canadian regime has been questioned by the United States and the European Union (EU), who implemented their own mandatory organic standards. As well, voluntary standards may not be acceptable to other trading partners, such as Japan, China and others who currently have, or are developing regulations.

Starting December 31st, 2006, the EU will require exporting countries to have a harmonized national standard and equivalency in conformity assessment. This likely means a regulated regime will be required.

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Current Situation and Options Documents:

http://www.agr.gc.ca/publicon/e/object_e/object1_e.htm

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Options Section

This section will represent the following areas:

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Regulatory Proposals Assessment

http://www.agr.gc.ca/publicon/e/object_e/object2_e.htm

This section will represent the following areas:

For more information, please contact:

Conseil des appellations agroalimentaires du Québec :
http://www.caaq.org/

Tel.: (514) 864-8999 Fax.: (514) 873-2580

Mission of Canada to the European Union, Brussels

Roxan Hooshangi, Agricultural Affairs Officer
Phone: 02-741.06.98
roxan.hooshangi@international.gc.ca

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