----

            COMMISSION REGULATION (EC) No 181/2006

of 1 February 2006         

implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and soil improvers other than manure and amending that Regulation

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Articles 20(2), 22(2) and 32(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.   This Regulation shall be without prejudice to transitional measures adopted in accordance with Regulation (EC) No 1774/2002.

2.   The Member States may apply stricter national rules than those provided for in this Regulation as regards the way organic fertilisers and soil improvers are used on their territory where such rules are justified on animal or public health grounds.

Article 2

Amendment

In Annex I to Regulation (EC) No 1774/2002, point 39 is replaced by the following:

Article 3

Requirements for organic fertilisers and soil improvers

Organic fertilisers and soil improvers shall be produced solely from Category 2 and Category 3 material.

Article 4

Pathogen control and packaging and labelling

Organic fertilisers and soil improvers shall comply with the requirements regarding pathogen control and packaging and labelling set out in parts I and II of the Annex.

Article 5

Transport

Organic fertilisers and soil improvers shall be transported in accordance with the requirements set out in part III of the Annex.

Article 6

Use and special grazing restrictions

1.   The special grazing restrictions set out in part IV of the Annex shall apply where organic fertilisers and soil improvers are applied to land.

2.   Processed products derived from the processing of animal by-products in a processing plant in accordance with Regulation (EC) No 1774/2002 shall not be applied as such directly to land where farmed animals might have access.

Article 7

Records

The person responsible for land to which organic fertilisers and soil improvers are applied and to which farmed animals have access shall keep records for at least two years of:

Article 8

Placing on the market, export and transit

The placing on the market, export and transit of organic fertilisers and soil improvers shall be subject to compliance with the requirements set out in parts I and II of the Annex.

Article 9

Control measures

1.   The competent authority shall take the necessary measures to ensure compliance with this Regulation.

2.   The competent authority shall carry out controls at regular intervals on land where organic fertilisers and soil improvers are applied and to which farmed animals may have access.

3.   If controls carried out by the competent authority show that this Regulation is not complied with, the competent authority shall take appropriate action.

Article 10

Entry into force

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 April 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 February 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).

----

ANNEX

REQUIREMENTS FOR ORGANIC FERTILISERS AND SOIL IMPROVERS TO BE APPLIED TO LAND

I.   Pathogen control

Producers of organic fertilisers and soil improvers must ensure that decontamination of pathogens is carried out prior to their application to land, in accordance with:

II.   Packaging and labelling

III.   Transport

IV.   Special grazing restrictions

----