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)

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
,
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:
(1) 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.
(2) 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 include first, the opinion of 24 and 25 September 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.
(3) Those scientific opinions recommend that animal tissues that are likely to contain TSE agents should not be incorporated 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 further reduce any potential risks.
(4) 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.
(5) The implementing measures provided for in this Regulation should be without prejudice to transitional measures currently applicable pursuant to Regulation (EC) No 1774/2002.
(6) It should be possible to place on the market and export organic fertilisers and soil improvers provided the conditions set out in this Regulation are complied with.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,