Explanatory Memorandum to COM(2022)659 - Labelling of organic pet food - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)659 - Labelling of organic pet food. |
|---|---|
| source | COM(2022)659  |
| date | 28-11-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 1 January 2022, Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 1 became applicable. This brought about a change as concerns pet food. Before 1 January 2022, pet food, in particular for cats and dogs, could be labelled as organic where not all agricultural ingredients were organic because Member States could lay down national rules or, in the absence thereof, accept or recognise private standards. However, since 1 January 2022, pet food can no longer be labelled as organic because Regulation (EU) 2018/848, while covering the labelling of feed for farm animals like hay and silage, does not establish specific rules for the labelling of pet food.
Regulation (EU) 2018/848 applies both to feed for food-producing animals and to feed for pets, i.e. pet food. Under that Regulation, while non-organic ingredients of agricultural origin are authorised in the production of organic feed, a term referring to organic production cannot be used in the sales description where not all agricultural ingredients are organic. Moreover, such feed cannot bear the organic production logo of the European Union. Consequently, final consumers are not directly informed about the compliance of the product with organic production rules.
On the one hand, professional operators are informed about the composition and the proportion of organic, in-conversion and non-organic compounds in feed in accordance with point 2.1.2 of Annex III to Regulation (EU) 2018/848. On the other hand, when feed is sold directly at retail level to final consumers, there are currently no rules concerning the provision of information on the organic compounds in the feed where not all agricultural ingredients are organic. Moreover, the labels of food and pet food are intended for the same customers: pet food and food (including prepacked food) are both sold at retail level to final consumers.
Against this background, the purpose of this proposal is to establish specific labelling rules for pet food. These rules will allow pet food, in particular for cats and dogs, to bear the organic production logo of the European Union. Moreover, the organic production logo of the European Union will be mandatory for prepacked pet food labelled as organic.
The proposal will support the small but growing organic pet food sector by allowing producers to use the organic production logo of the European Union when promoting their products. In addition, the proposal will contribute to the development of organic agriculture via the possibility of creating added value for organic by-products that may be used in the production of pet food. This is in accordance with the Green Deal, the Farm to Fork and Biodiversity strategies, the Action Plan for the Development of Organic Production, and the target of achieving 25% of EU agricultural land under organic farming by 2030.
• Consistency with existing policy provisions in the policy area
The proposal is consistent with Regulation (EU) 2018/848. The proposed labelling rules for organic pet food mirror the labelling rules applicable to food, including the mandatory requirement of the use of the organic production logo of the European Union on the packaging of prepacked food. Indeed, the labels of those products are intended for the same customers: pet food and food (including prepacked food) are both sold at retail level to final consumers.
• Consistency with other Union policies
The proposal is consistent with Regulation (EC) No 767/2009 of the European Parliament and of the Council on feed, which contains specific provisions for the labelling of feed for non-food-producing animals like pets.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 43(2) of the Treaty on the Functioning of the European Union.
• Subsidiarity (for non-exclusive competence)
Pursuant to Regulation (EU) No 2018/848, the Union has established a Union-wide organic scheme and harmonised organic production rules, including rules concerning the labelling of organic products. The adoption of specific uniform rules for the labelling of organic pet food cannot therefore be sufficiently achieved by the Member States.
• Proportionality
The proposal proposes limited and targeted additional rules to the current legislative framework for the labelling of organic products. Those rules do not go beyond what is necessary to achieve the objective of establishing rules for the labelling of organic pet food.
• Choice of the instrument
The proposed rules concerning the labelling of organic pet food require their direct applicability in the Member States. A Regulation of the European Parliament and of the Council is the appropriate instrument for the adoption of specific rules for the labelling of organic pet food, taking into account that the legislation currently in force consists of Regulation (EU) 2018/848.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
NA
• Stakeholder consultations
NA
• Collection and use of expertise
NA
• Impact assessment
NA
• Regulatory fitness and simplification
NA
• Fundamental rights
NA
4. BUDGETARY IMPLICATIONS
NA
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
NA
• Explanatory documents (for directives)
NA
• Detailed explanation of the specific provisions of the proposal
The proposal proposes to establish specific rules for the labelling of organic pet food. In order for pet food to be labelled as organic and bear the organic production logo of the European Union, at least 95% in terms of weight of the agricultural ingredients will have to be organic. When less than 95% of the agricultural ingredients will be organic, the reference to organic may only be used in the list of ingredients in relation to organic ingredients with an indication of the total percentage of organic ingredients in proportion to the total quantity of agricultural ingredients.