Organic Regulation / July and Aug. 2020

Sprouts from Brussel

The Saga of Organic Heterogeneous Material (“OHM”) continues

While the lead for the Organic Regulation in the European Commission is with the Directorate General for Agriculture (DG AGRI, Unit Organic), the technical work on the new notification regime for the marketing of OHM is done by Directorate General for Health and Food Safety (DG SANTE, Unit Plant Health). 
The Expert Group on Organics which negotiates the Delegated Act (DA) has last met virtually on the 14th July 2020, but has surprisingly not discussed the topic of OHM. They were indeed supposed to review the outcome of the “Inter-Service Consultation”, i.e. the feedback mechanism between the different Directorate Generals of the European Commission. As the Commission has received quite a few critical comments from different stakeholders and the European Parliament over the restrictive approach taken by the draft Act, it is safe to assume that either substantive changes are being made on the Draft Delegated Act, or legal arguments are being developed inside the Commission to ensure that the DA is adopted in line with the EU Treaties. Either way, the Act will be opened for public consultation before its adoption, allowing for a last round of comments by stakeholders before the end of the year.