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9.4.2011 Official
Journal
of
the
European
Union L
96/15
COMMISSION IMPLEMENTING REGULATION (EU) No 344/2011
of 8 April 2011
amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of
Council Regulation (EC) No 834/2007 on organic production and labelling of organic products
with regard to organic production, labelling and control
THE EUROPEAN COMMISSION,
independent from the rules of Regulations (EC)
No 834/2007 and (EC) No 889/2008 which apply to
the use of the logo itself. In order to make clear the
independence of those rules, the link between those
rules and any registration should be removed.
Having regard to the Treaty on the Functioning of the European
Union,
(4) Following
the
change
of
the
organic
labelling
system
and
pending the inclusion of specific Union rules on organic
Having regard to Council Regulation (EC) No 834/2007 of
wine-making, there remained great uncertainty in the
28 June 2007 on organic production and labelling of organic
sector regarding the possibility to produce wine
products and repealing Regulation (EEC) No 2092/91 ( 1 ), and in
referring to organic production. In order to allow wine
particular Article 25(3), Article 38(b) and Article 40 thereof,
produced in the wine years 2010/11 and 2011/12 from
organic grapes to be sold without the compulsory indi
cations required by Article 24 of Regulation (EC)
No 834/2007, provided that the products in question
comply with Council Regulation (EEC) No 2092/91 of
Whereas:
24 June 1991 on organic production of agricultural
products and indications referring thereto on agricultural
products and foodstuffs
( 3 ) or Regulation (EC)
No 834/2007, it appears necessary to extend the transi
(1) Article
24
of
Regulation
(EC)
No
834/2007
lays
down
tional period set out in Article 95(8) and (9) of Regu
that the organic production logo of the European Union
lation (EC) No 889/2008 regarding certain labelling
(‘organic logo of the EU’) is one of the compulsory indi
provisions for such products until 31 July 2012. The
cations to be used as regards pre-packaged food bearing
extension of the transitional period should be applicable
terms referring to the organic production method as
from 1 July 2010.
referred to in Article 23(1), while the use of the logo
is optional for these products imported from third
countries. Article 25(1) of Regulation (EC)
No 834/2007 allows the use of the organic logo of
(5)
Following the assessment of the European Food Safety
the EU in the labelling, presentation and advertising of
Authority (EFSA) on the use of rosemary extract as a
other products which satisfy the requirements set out
food additive ( 4 ), the substance ‘extracts of rosemary’
under that Regulation.
was authorised for use as antioxidant and designated as
E number in Part D of Annex III to European Parliament
and Council Directive 95/2/EC of 20 February 1995 on
food additives other than colours and sweeteners ( 5 ). As a
(2) Consumers
should
be
assured
that
organic
products
have
consequence it is necessary to allow the use of rosemary
been produced in compliance with the requirements set
extract in organic food processing as food additive, if it is
out in Regulation (EC) No 834/2007 and Commission
used as such, by inclusion of that product in Annex VIII
Regulation (EC) No 889/2008 (
to Regulation (EC) No 889/2008.

2 ). To that end, the tracea
bility of each product carrying the organic logo of the EU
at all stages of production, preparation and distribution is
an important factor. Therefore, it appears useful that it
should be stated more clearly that only operators who
(6) Regulation
(EC)
No
889/2008
should
therefore
be
have submitted their undertaking to the organic farming
amended accordingly.
control system may use the organic logo of the EU for
labelling purposes.
(7) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the regulatory
(3)
The registration of the organic logo of the EU as a
Committee on organic production,
trademark in the Union and international registers is
( 3 ) OJ L 198, 22.7.1991, p. 1.
( 1 ) OJ L 189, 20.7.2007, p. 1.
( 4 ) The EFSA Journal (2008) 721, p. 1.
( 2 ) OJ L 250, 18.9.2008, p. 1.
( 5 ) OJ L 61, 18.3.1995, p. 1.

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L 96/16
EN
Official Journal of the European Union
9.4.2011
HAS ADOPTED THIS REGULATION:
Stocks of wines produced, packaged and labelled before
31 July 2012 in accordance with either Regulation (EEC)
No 2092/91 or Regulation (EC) No 834/2007 may
Article 1
continue to be brought on the market until stocks are
Regulation (EC) No 889/2008 is amended as follows:
exhausted.’;
1. in Article 57, the second paragraph is replaced by the
3. in Section A of Annex VIII, after the food additive E 341(i)
following:
(monocalcium-phosphate), the following row is inserted:
‘For the purpose of labelling, the organic logo of the EU
shall only be used if the product concerned is produced
‘B E
392* Extracts
of X
X Only
when
derived
in accordance with the requirements of Regulation (EC)
rosemary
from organic pro-
No 834/2007, of Commission Regulation (EC)
duction and if only
No 1235/2008 (*) and of this Regulation, by operators
ethanol is used for
who comply with the requirements of the control system
the extraction’
referred to in Articles 27, 28, 29, 32 and 33 of Regulation
(EC) No 834/2007.
___________
4. point (9) of Part A of Annex XI is deleted.
(*) OJ L 334, 12.12.2008, p. 25.’;
Article 2
2. in Article 95, the following paragraph 10a is inserted:
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.
‘10a As
regards
wine,
the
transitional
period
referred
to
in
paragraph 8 shall expire on 31 July 2012.
However, point (2) of Article 1 shall apply as from 1 July 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 April 2011.
For the Commission
The President
José Manuel BARROSO

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