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)
Date: 2006-02-01
Institutions: European Commission
Subjects: animal product, by-product, health control, health legislation, organic fertiliser, public health

2.2.2006

EN

Official Journal of the European Union

L 29/31

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,

(3)

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 1774/2002 of
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:

(1)

(2)

Regulation (EC) No 1774/2002 prohibits the application
to pasture land of organic fertilisers and soil improvers
other than manure. This prohibition is in line with the
current EU feed ban, and is intended to prevent possible
contamination risks from pasture land where Category 2
material and Category 3 material could be present. Such
risks may be due to direct grazing or use of grass as
silage or hay by farmed animals. That Regulation
provides that measures for implementing the prohibition,
including control measures, are to be adopted after
consultation of the appropriate scientific committee.

Various scientific committees have issued a number of
scientific opinions that are relevant to the application to
land of organic fertilisers and soil
improvers. These
the opinion of 24 and 25 September
include first,
1998 of
the Scientific Steering Committee on the
safety of organic fertilisers derived from mammalian
animals, second, the opinion of 24 April 2001 of the
Scientific Committee on Toxicity, Ecotoxicity and the
Environment on the evaluation of sludge treatments for
pathogen reduction, third, the opinion of 10 and 11 May
2001 of the Scientific Steering Committee on the safety
of organic fertilisers derived from ruminant materials and
fourth, the opinion of 3 March 2004 of the Scientific
Panel on Biological Hazards of
the European Food
Standards Authority on the safety vis-à-vis biological
risk including TSEs of the application on pastureland of
organic fertilisers and soil improvers.

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Regu-

lation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).

Those scientific opinions recommend that animal tissues
that are likely to contain TSE agents should not be incor-
porated in organic fertilisers and soil improvers for use
on land to which cattle may have access. Other materials
may be used in the manufacture of organic fertilisers and
soil improvers under certain health conditions involving
heating and safe sourcing that
reduce any
potential risks.

further

In the light of those scientific opinions,
implementing
rules, including control measures, should be laid down
for the application to land of organic fertilisers and soil
improvers, as well as digestion residues and compost.

The implementing measures provided for in this Regu-
to transitional
lation should be without prejudice
measures currently applicable pursuant
to Regulation
(EC) No 1774/2002.

It should be possible to place on the market and export
organic
improvers provided the
conditions set out in this Regulation are complied with.

and soil

fertilisers

The measures provided for in this Regulation are in
accordance with
Standing
Committee on the Food Chain and Animal Health,

opinion

the

the

of

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation shall be without prejudice to transitional
1.
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.

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Official Journal of the European Union

2.2.2006

Article 2

Amendment

Article 7

Records

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

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:

‘39. “pasture land” means land covered with grass or other
herbage grazed by or used as feedingstuffs for farmed
animals, excluding land to which organic fertilisers and
soil
improvers have been applied in accordance with
Commission Regulation (EC) No 181/2006 (*);

___________
(*) OJ L 29, 2.2.2006, p. 31’.

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

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

Article 5

Transport

(a)

the quantities of organic fertilisers and soil
applied;

improvers

(b) the date on which and the places where organic fertilisers

and soil improvers were applied to land;

(c)

the dates on which livestock is allowed to graze the land or
on which the land is cropped for feedingstuffs.

Article 8

Placing on the market, export and transit

The placing on the market, export and transit of organic ferti-
lisers 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

The competent authority shall take the necessary measures

1.
to ensure compliance with this Regulation.

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

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.

Article 6

Use and special grazing restrictions

If controls carried out by the competent authority show
the competent
this Regulation is not complied with,

3.
that
authority shall take appropriate action.

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.

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.

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.

It shall apply from 1 April 2006.

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Official Journal of the European Union

L 29/33

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

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Official Journal of the European Union

2.2.2006

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:

— Chapter I(D)(10) of Annex VII to Regulation (EC) No 1774/2002 in the case of processed animal protein or

processed products derived from Category 2 material;

— Chapter II of Annex VI of Regulation (EC) No 1774/2002 in the case of compost and biogas residues.

II. Packaging and labelling

1. After processing and/or transformation in accordance with Article 5(2) or 6(2), as the case may be, of Regulation
(EC) No 1774/2002, organic fertilisers and soil improvers shall be properly stored and transported packaged.

2. The packaging shall be clearly and legibly labelled with the name and address of the manufacturing plant and shall
bear the words ‘organic fertilisers and soil improvers/farmed animals must not be allowed access to the land for at
least 21 days following application to land’.

III. Transport

1. The competent authority may decide not to apply points II(1) and (2) to organic fertilisers and soil improvers that
are transported and/or used in the same Member State or transported to and/or used in another Member State
where there is a mutual agreement to that effect, provided that decision does not present a risk to animal or
public health.

2. The commercial document accompanying organic fertilisers and soil

improvers shall bear the words ‘organic
fertilisers and soil improvers/farmed animals must not be allowed access to the land for at least 21 days following
application to land’.

3. A commercial document is not required if the organic fertilisers and soil improvers are supplied by retailers to

final users other than business operators.

IV. Special grazing restrictions

1. The competent authority shall take all necessary measures to ensure that farmed animals do not have access to
land to which organic fertilisers and soil improvers have been applied before 21 days have elapsed since the date
of last application.

2. Where over 21 days have elapsed since the date of last application of organic fertilisers and soil

improvers,
grazing may be allowed or the grass or other herbage may be cut for use in feedingstuffs, provided the competent
authority does not consider that the practice presents a risk to animal or public health.

3. The competent authority may lay down a longer period than specified in point 2 during which grazing is

prohibited on animal or public health grounds.

4. The competent authority shall ensure that codes of good agricultural practice are drafted and made available for
use by those applying organic fertilisers and soil improvers to land, taking account of local circumstances.