The production of processed organic food is based on the use of organic ingredients of agricultural origin in accordance with Article 7(a) of Regulation (EU) 2018/848.
According to Article 30(5)(a) of Regulation (EU) 2018/848, processed foods may only be labelled in the sales description with a reference to organic production in accordance with Article 30(1) of Regulation (EU) 2018/848 if at least 95% by weight (salt and added water are not taken into account) of the ingredients of agricultural origin are organic and, in particular, the detailed production rules referred to in Article 16(1) in conjunction with Part IV of Annex II to Regulation (EU) 2018/848 are complied with. This means that a maximum of five per cent by weight of non-organic ingredients of agricultural origin may be present in processed foods labelled as organic in the sales description. These non-organic ingredients in processed organic foods labelled in accordance with Article 30(5)(a) must either be listed in accordance with Article 24 of Regulation (EU) 2018/848 in conjunction with Annex V Part B of Implementing Regulation (EU) 2021/1165 or have been provisionally authorised by a Member State in accordance with Article 25 of Regulation (EU) 2018/848.
Where it is necessary to ensure access to certain ingredients of agricultural origin and such ingredients are not available in sufficient quantities as organic products, a Member State may, at the request of an operator, provisionally authorise the use of non-organic ingredients of agricultural origin for the production of processed organic food in its territory for a maximum period of six months. This authorisation is valid for all operators in that Member State.
However, such ingredients must be assessed by national authorities according to strict criteria before authorisation can be granted for six months. The regulation aims to ensure that these derogations are only authorised in cases where the ingredient is not available from organic production. An organic ingredient must not be present together with the same non-organic ingredient. There is currently no non-organic ingredient that is temporarily authorised in Austria. All non-organic ingredients temporarily authorised in the EU can be found on European Commission - Agriculture - OFIS.
The legal provisions relating to the authorisation procedure for non-organic ingredients of agricultural origin are set out in particular in Articles 7, 16, 24 and 25 and Part IV of Annex II to Regulation (EU) 2018/848.
The application for the authorisation of a non-organic ingredient of agricultural origin must be submitted by the manufacturers or producers to the competent national authorities. Applicants must provide comprehensive information about the ingredient, its origin and the intended use in their products. In particular, they must prove that no suitable organic alternatives are available (supplier confirmation) and that the ingredient is of agricultural origin. They must also demonstrate that the ingredient does not violate the principles of organic farming and the requirements of Chapter II of Regulation (EU) 2018/848. A separate application must also be submitted for each ingredient. This also applies to compound food ingredients (e.g. soya sauce).
Once the application has been received, it is examined by the national authority, which accepts or rejects the authorisation of the ingredient and notifies the European Commission and other member states accordingly. The authorisation is valid for six months for all operators in the territory and can be extended twice by the national authority for six months each time if no Member State objects to the notification with reference to the availability of such ingredients in sufficient quantities.
When applying for an extension of the authorisation, all documents must be submitted in good time at least 20 working days before the authorisation period expires. A late application for renewal does not result in an interruption, delay or extension of the maximum authorisation period of 18 months from the date of approval of the initial application.
If a biological ingredient is structurally unavailable for longer than 18 months, the authorisation of the non-biological ingredient can no longer be extended at national level. Further use of the non-organic ingredient is only possible after inclusion in Annex V Part B of Implementing Regulation (EU) 2021/1165 in accordance with Article 24(7) of Regulation (EU) 2018/848. However, a member state can also apply to the European Commission to amend or delete the ingredients.
The communication platform Verbraucher:innengesundheit (kvg) of the Federal Ministry of Social Affairs, Health, Care and Consumer Protection contains the procedural instructions as well as the application form for the authorisation of non-organic ingredients of agricultural origin(publications of the Control Committee pursuant to Section 5 EU-QuaDG - KVG).