Commission Regulation (EC) No 223/2003 of 5 February 2003 on labelling requirements related to the organic production method for feedingstuffs, compound feedingstuffs and feed materials and amending Council Regulation (EEC) No 2092/91 (Text with EEA relevance)
Date: 2003-02-05
Institutions: European Commission
Subjects: animal nutrition, labelling, manufactured feedingstuffs, mode of production, organic farming, raw material

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COMMISSION REGULATION (EC) No 223/2003

of 5 February 2003

on labelling requirements related to the organic production method for feedingstuffs, compound
feedingstuffs and feed materials and amending Council Regulation (EEC) No 2092/91

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2092/91 of 24
June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and food-
stuffs (1), as last amended by Commission Regulation (EC) No
473/2002 (2), and in particular Article 1(3) and the second
indent of Article 13 thereof,

Whereas:

(1)

(2)

(3)

Under Article 1(3) of Regulation (EEC) No 2092/91 a
Regulation must be adopted providing for
labelling
requirements as well as inspection requirements and
feedingstuffs, compound
for
precautionary measures
feedingstuffs and feed materials, as far as these require-
ments are related to the organic production method.

in feed for fur
The petfood market and the market
animals are separate from the market in feedingstuffs for
other farmed livestock. Moreover, the labelling, produc-
tion and inspection rules provided for in Articles 5, 6, 8
and 9 respectively of Regulation (EEC) No 2092/91 do
aquaculture
not
products. This Regulation should therefore apply only to
feedingstuffs for organically-reared livestock, excluding
petfood, feed for fur animals and feed for aquaculture
animals.

apply to aquaculture

animals or

the name of

The specific measures on labelling feedingstuffs for orga-
nically-reared livestock must allow producers to identify
feed that may be used in accordance with the provisions
on the organic production method. The indication refer-
ring to the organic production method should not be
presented in a way that draws more attention to it than
to the description or
the feedingstuff
referred to respectively in Council Directive 79/373/EEC
of 2 April 1979 on the marketing of compound feeding-
stuffs (3), as last amended by Directive 2002/2/EC of the
the Council (4), and in
European Parliament and of
Council Directive 96/25/EC of 29 April 1996 on the
circulation and use of feed materials, amending Direc-
tives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/
EEC and repealing Directive 77/101/EEC (5), as
last
amended by Directive 2001/46/EC of
the European
Parliament and of the Council (6).

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 75, 16.3.2002, p. 21.
(3) OJ L 86, 6.4.1979, p. 30.
(4) OJ L 63, 6.3.2002, p. 23.
(5) OJ L 125, 23.5.1996, p. 35.
(6) OJ L 234, 1.9.2001, p. 55.

The percentage of organically-produced feed materials,
the percentage of in-conversion products and the total
percentage of feedingstuffs of agricultural origin should
moreover be indicated by weight of dry matter so that
producers may comply with the daily rationing rules laid
down in Part B of Annex I to Regulation (EEC) No
2092/91. Part B of Annex I to that Regulation should
therefore be amended also.

trade marks of products intended for
A number of
feed which do not meet the requirements of
animal
Regulation (EEC) No 2092/91 carry indications which
may be considered by operators to be a reference to the
organic production method. Provision should be made
for a transitional period to allow holders of those trade
marks to adapt to the new rules. However, this transi-
tional period should be granted only to trade marks
bearing the above indications where an application for
registration was made before the publication of Council
Regulation (EC) No 1804/1999 of 19 July 1999 supple-
menting Regulation (EEC) No 2092/91 to include live-
stock production (7), and where the operator has been
duly informed of the fact that the products have not
been produced by the organic production method.

The minimum inspection requirements and precau-
tionary measures applicable to units preparing feeding-
stuffs require the implementation of special measures,
which should be incorporated into Annex III to Regula-
tion (EEC) No 2092/91.

The principle of separating all equipment used in units
preparing organic compound feedingstuffs from equip-
ment used in the same unit for conventional compound
feedingstuffs is considered to be an effective means of
preventing the presence of products and substances not
allowed by the organic production method. That prin-
ciple should hence be incorporated as a provision into
Annex III
to Regulation (EEC) No 2092/91. The
immediate implementation of that provision however is
assumed to have an important economic impact on the
compound feedingstuffs industry in several Member
States and consequently on the organic farming sector.
For that reason, and in order to allow the organic sector

(5)

(6)

(7)

(7) OJ L 222, 24.8.1999, p. 1.

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to adapt to the new requirements of separated produc-
tion lines, a possibility of derogation to this provision
should be foreseen for a period of five years. Moreover,
this issue has to be re-examined thoroughly in the near
future on the basis of further information and experience
gained.

(8)

(9)

Regulation (EEC) No 2092/91 should therefore be
amended.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee referred
to in Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to the feedingstuffs, compound feed
and feed materials referred to in Article 1(1)(c) of Regulation
(EEC) No 2092/91, where these products carry or are intended
to carry references to the organic production method. This
Regulation shall not apply to pet foods, feed for fur animals or
feed for aquaculture animals.

Article 2

For the purpose of this Regulation, the definitions laid down in
Article 4 of Regulation (EEC) No 2092/91 shall apply.

In addition:

1.

2.

‘feed materials from the organic production method’ shall
mean organically-produced feed materials or prepared from
such materials,

‘feed materials from products in conversion to organic
farming’ shall mean in-conversion feed materials or products
prepared from such materials.

Article 3

The labelling, advertising and commercial documentation
1.
relating to the products referred to in Article 1 may refer to
organic production methods only where:

(a) the products have been produced, prepared or imported by
an operator who is subject to the inspection measures laid
down in Articles 8 and 9 of Regulation (EEC) No 2092/91;

(b) the products and the materials of which they are composed
and any other substance used in the preparation of those
products have not been subjected to treatments involving
the use of ionising radiation;

(c) the conditions referred to in points 4.12, 4.13, 4.14, 4.16,
4.17 and 4.18 of Part B of Annex I to Regulation (EEC) No
2092/91 are met as required;

(d) feed materials from the organic production method do not
enter simultaneously with the same feed materials produced
by conventional means
the
product;

into the composition of

(e) feed materials from products in conversion to organic
farming do not enter simultaneously with the same feed
materials produced by conventional means into the compo-
sition of the product.

2. Without prejudice to Articles 4 and 5, the reference to
the organic production method referred to in paragraph 1 shall
be made solely by the following indication:

(a) ‘organically-produced’, where at least 95 % of the product's
dry matter is comprised of organically-produced feed mate-
rial(s);

(b) ‘may be used in organic production in accordance with
Regulation (EEC) No 2092/91’
in the case of products
comprising variable quantities of feed materials from the
organic production method and/or feed materials from
products in conversion to organic farming and/or conven-
tional materials.

Article 4

1.

The indication referred to in Article 3(2):

(a) must be separate from the wording referred to in Article 5
of Directive 79/373/EEC or in Article 5(1) of Directive 96/
25/EC;

(b) must not be presented in a colour, format or character font
that draws more attention to it than to the description or
feedingstuff referred to in Article
name of
5(1)(a) of Directive 79/373/EEC or Article 5(1)(b) of Direc-
tive 96/25/EC respectively;

the animal

(c) must be accompanied, in the same field of vision, by an

indication by weight of dry matter referring:

(i) to the percentage of feed material(s) from the organic

production method,

(ii) to the percentage of feed material(s) from products in

conversion to organic farming,

(iii) to the total percentage of animal feed of agricultural

origin,

(d) must be accompanied by the name and/or the code number
of the inspection body or authority to which the operator
who carried out the final preparation is subject;

(e) must be accompanied by a list of names of feed materials

from the organic production method;

(f) must be accompanied by a list of names of feed materials

from products in conversion to organic farming.

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The indication referred to in Article 3(2) may be also
2.
accompanied by a reference to the requirement to use the
feedingstuffs in accordance with the rules laid down in Part B
of Annex I to Regulation (EEC) No 2092/91 on the composi-
tion of daily rations.

3. Member States shall decide on the name and/or code
number for the inspection body or authority referred to in
paragraph 1(d) and shall notify the Commission accordingly.

Article 5

The trade marks and sales descriptions bearing an indication
referred to in Article 2 of Regulation (EEC) No 2092/91 may
be used only if at least 95 % of the product's dry matter is
comprised of
from the organic production
method.

feed material

Article 6

Notwithstanding Articles 3, 4 and 5, the trade marks bearing
an indication referred to in Article 2 of Regulation (EEC) No
2092/91 may still be used until 1 July 2006 in the labelling

and advertising of the products referred to in Article 1 which
do not comply with this Regulation if the following conditions
are met.

(a) registration of the trade mark was applied for before 24
August 1999 and the trade mark is in conformity with
Council Directive 89/104/EEC (1); and

(b) the trade mark is already reproduced with a clear, promi-
nent, and easily readable indication that the products are
not produced according to the organic production method
as laid down in Regulation (EEC) No 2092/91.

Article 7

Part B of Annex I and Annex III to Regulation (EEC) No 2092/
91 are amended in accordance with the Annex hereto.

Article 8

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Union.

It shall apply from 6 August 2003.

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

Done at Brussels, 5 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 40, 11.2.1989, p. 1.

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ANNEX

1.

The following sentence is added at the end of point 4.4 of Part B of Annex I to Regulation (EEC) No 2092/91:

‘These figures shall be expressed as a percentage of the dry matter of feedingstuffs of agricultural origin.’

2. Annex III to Regulation (EEC) No 2092/91 is amended as follows.

2.1. The text of Point 2 of the General Provisions is replaced by the following:

‘the operators already in activity at the date mentioned in Article 2 of Regulation (EC) No 2491/2001 shall also be
subject to the provisions referred to in point 3 and to the initial inspection provisions foreseen in sections A, B, C,
D and E of the specific provisions of this Annex.’

2.2. The text of Point 4 of the General Provisions is replaced by the following:

‘the operator responsible must notify any change in the description or of the practical measures referred to in point
3 and in the initial inspection provisions foreseen in sections A, B, C, D and E of the specific provisions of this
Annex to the inspection body or authority in due time.’

2.3. The following words are added after ‘Article 11’ in the first indent of the third subparagraph of point 3 of the

General Provisions:

‘and/or Regulation (EC) No 223/2003’

2.4. The following is added at the end of the second indent of point 6 of the General Provisions:

‘and, where relevant, the composition of the compound feedingstuffs.’

2.5. Point 7(b) of the General Provisions is replaced by the following:

‘the name of the product or a description of the compound feedingstuff accompanied by a reference to the organic
production method in accordance with, as applicable, Article 5 of this Regulation or Article 3 of Regulation (EC)
No 223/2003.’

2.6. The title of Part C of the Specific Provisions is replaced by the following:

‘C. Imports of plants, plant products, livestock, livestock products and foodstuffs comprising plant and/or livestock

products, animal feedingstuffs, compound feedingstuffs and feed materials from third countries.’

2.7. The following part E is inserted:

‘E — UNITS PREPARING ANIMAL FEEDINGSTUFFS, COMPOUND FEEDINGSTUFFS AND FEED MATERIALS

This section applies to any unit involved in the preparation, as defined in Article 4 point 3 of products referred to
in Article 1(1)(c) on its own account or on behalf of a third party.

1. INITIAL INSPECTION

The full description of the unit referred to under point 3 of the General Provisions of this Annex must:

— indicate the facilities used for the reception, preparation and storage of the products intended for animal feed

before and after the operations concerning them,

— indicate the facilities used for the storage of other products used to prepare feedingstuffs,

— indicate the facilities used to store products for cleaning and disinfection,

— indicate, where necessary, the description of the compound feedingstuff that the operator intends to
produce, in accordance with Article 5(1)(a) of Directive 79/373/EEC, and the livestock species or class for
which the compound feedingstuff is intended,

— indicate, where necessary, the name of the feed materials that the operator intends to prepare.

The measures to be taken by operators, referred to in point 3 of the General Provisions of this Annex, to guar-
antee compliance with this Regulation must include:

— in particular an indication of the precautionary measures to be taken in order to reduce the risk of contami-
nation by unauthorised substances or products, the cleaning measures implemented and the monitoring of
their effectiveness,

— identification of all elements of their activities crucial for guaranteeing at all times that the products referred
to in Article 1(1)(c) prepared in such units comply with this Regulation and with Regulation (EC) No 223/
2003,

— the establishment and implementation of, compliance with and updating of appropriate procedures, based

on the principles of the HACCP (Hazard Analysis and Critical Control Points) system.

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The inspection body or authority shall use these procedures to carry out a general evaluation of the risks atten-
dant on each preparation unit and to draw up an inspection plan. This inspection plan must provide for a
minimum number of random samples depending on the potential risks.

2. Documentary accounts

For the purposes of proper inspection of the operations, the documentary accounts referred to in point 6 of the
General Provisions of this Annex shall include information on the origin, nature and quantities of feed materials,
additives, sales and finished products.

3. Preparation units

When preparing products, operators must ensure that:

(a) organically-produced feedingstuffs or feedingstuffs derived therefrom, in-conversion feedingstuffs or feeding-

stuffs derived therefrom, and conventional feedingstuffs are effectively physically separated;

(b) all equipment used in units preparing compound feedingstuffs covered by this Regulation is completely

separated from equipment used for compound feedingstuffs not covered by this Regulation.

Notwithstanding the provisions of point (b) of the first subparagraph, until 31 December 2007, operations may
take place using the same equipment provided that:

— separation in terms of time is guaranteed and suitable cleaning measures, the effectiveness of which has been
checked, have been carried out before commencing preparation of the products covered by this Regulation;
operators must record these operations,

— operators must ensure that all appropriate measures are implemented, depending on the risks evaluated in
accordance with point 1, and, where necessary, guarantee that products which do not conform to this Regu-
lation cannot be placed on the market with an indication referring to organic farming.

The derogation provided for in the second subparagraph is subject to prior authorisation by the inspection body
or authority. Such authorisation might be provided for one or more preparation operation(s).

The Commission will start to examine the provisions of point (b) of the first subparagraph before 31 December
2003. Account being taken from that examination, the date of 31 December 2007 may be revised if necessary.

4. Inspection visits

In addition to the complete annual visit, the inspection body or authority must make targeted visits based on a
general evaluation of the potential risks of non-compliance with this Regulation; the inspection body or
authority shall pay particular attention to the critical control points pointed out for the operator, with a view to
establishing whether the surveillance and checking operations are carried out as they should be. All the premises
used by the operator for the conduct of his activities may be inspected as frequently as the attendant risks
warrant.

5. Transporting products to other production/preparation units or storage premises

Operators must ensure that the following conditions are met:

(a) during transport, organically-produced feedingstuffs or

in-conversion
feedingstuffs or feedingstuffs derived therefrom, and conventional feedingstuffs must be effectively physically
separated;

feedingstuffs derived therefrom,

(b) the vehicles and/or containers which have transported products that are not covered by this Regulation may

be used to transport products covered by this Regulation if:

— suitable cleaning measures, the effectiveness of which has been checked, have been carried out before
commencing the transport of products covered by this Regulation; operators must record these opera-
tions,

— operators must ensure that all appropriate measures are implemented, depending on the risks evaluated
in accordance with point 1, and, where necessary, guarantee that products which do not conform to this
Regulation cannot be placed on the market with an indication referring to organic farming,

— the inspection body or authority of the operator has been informed of such transport operations and has

agreed thereto. Such agreement might be provided for one or more transport operation(s);

(c) the finished products referred to in this Regulation are transported separately from other finished products

physically or in time;

(d) during transport, the quantity of products at the start and each individual quantity delivered in the course of

a delivery round must be recorded.

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6. Receipt of products

On receipt of a product referred to in Article 1, operators must check the closure of the packaging or container
where it is required and the presence of the indications referred to in point 7 of the General Provisions of this
Annex. Operators must carry out a cross-check of the information on the label referred to in point 7 of the
General Provisions against the information on the accompanying documents. The results of this verification
must be explicitly mentioned in the accounts referred to in point 6 of the General Provisions.’