15.6.2012 EN Official Journal of the European Union L 154/12
COMMISSION IMPLEMENTING REGULATION (EU) No 505/2012
of 14 June 2012
amending and correcting Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 14(2), Article 16(1)(d), Article 16(3)(a), Article 21(2), Article 22(1), Article 26(a) and Article 38(a) and (b) thereof,
Whereas:
(1) Article 14(1)(d) of Regulation (EC) No 834/2007 lays down general production rules for organic feed as regards sourcing. In that approach, feed produced on the own holding completes the organic on-farm production cycle. On-farm feed production and/or using feed resources from the region reduces transport and is beneficial to the environment and nature. Consequently, in order to better meet the organic objectives of Regulation (EC) No 834/2007 and in the light of the experience, it is appropriate to set a minimum share of feed produced in the own holding for porcine and poultry species and to increase the minimum share for herbivores.
(2) The horizontal legislation for feed materials and compound feed and feed additives contained therein has been revised by Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (2). The relevant Articles of and Annexes to Commission Regulation (EC) No 889/2008 (3) should therefore be adapted.
(3) The development of harmonised organic production rules for young poultry at Union level is complex as the viewpoints on technical requirements vary widely between the parties concerned. In order to allow more time to develop detailed rules for the production of organic pullets, the exceptional rule for using non-organic pullets should be prolonged.
(4) The production of organic protein crops lags behind demand. In particular organic protein supply is still not sufficiently available in qualitative and quantitative terms on the Union market to meet the nutritional requirements of porcine and poultry animals raised on organic farms. It is therefore appropriate to allow for a minor proportion of non-organic protein feed as an exceptional rule for a limited time period.
(5) In order to further specify and clarify the use of the term ‘organic’ and of the Organic logo of the EU in the labelling of feed produced form organic ingredients, the relevant provisions of Regulation (EC) No 889/2008 should be reworded.
(6) The use of feed additives may be allowed in the production of organic feed under certain conditions. Member States made applications for a number of new substances, which need to be authorised pursuant to Article 16(1) of Regulation (EC) No 834/2007. Based on the recommendations of the Expert group for technical advice for organic production (EGTOP) (4), which concluded that the feed additives sodium formate, sodium ferrocyanide, natrolite-phonolite and clinoptilolite comply with the organic objectives and principles, those substances should be included in Annex VI to Regulation (EC) No 889/2008.
(7) An error in the requirements for using extracts of rosemary as organic food additive appeared in Section A of Annex VIII to Regulation (EC) No 889/2008 and should therefore be corrected.
(8) Regulation (EC) No 889/2008 should therefore be amended accordingly.
(9) In order to allow continuity for operators to use the exceptional production rules in relation to non-organic feed and non-organic pullets after the present expiry date of those rules, the amendments to the exceptional rules made by this Regulation should apply as from 1 January 2012 with a view to avoid obstacles or disruption of organic production.
(10) The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,
Amending provisions
Regulation (EC) No 889/2008 is amended as follows:
(1) Article 19 is replaced by the following:
(2) Article 22 is replaced by the following:
(a) non-organic feed materials of plant or animal origin, or other feed materials that are listed in Section 2 of Annex V, provided that:
(i) they are produced or prepared without chemical solvents; and
(ii) the restrictions laid down in Article 43 or Article 47(c) are complied with;
(b) non-organic spices, herbs, and molasses, provided that:
(i) their organic form is not available;
(ii) they are produced or prepared without chemical solvents; and
(iii) their use is limited to 1 % of the feed ration of a given species, calculated annually as a percentage of the dry matter of feed from agricultural origin;
(c) organic feed materials of animal origin;
(d) feed materials of mineral origin that are listed in Section 1 of Annex V;
(e) products from sustainable fisheries, provided that:
(i) they are produced or prepared without chemical solvents;
(ii) their use is restricted to non-herbivores; and
(iii) the use of fish protein hydrolysate is restricted solely to young animals;
(f) salt as sea salt, coarse rock salt;
(g) feed additives listed in Annex VI.’;
(3) in Article 24, paragraph 2 is replaced by the following:
(4) in Article 25k(1), point (d) is replaced by the following:
‘(d) organic feed materials of plant or animal origin.’;
(5) in Article 25m, paragraph 1 is replaced by the following:
(6) in point (b) of Article 42, the date of ‘31 December 2011’ is replaced by ‘31 December 2014’;
(7) Article 43 is replaced by the following:
(8) Articles 59 and 60 are replaced by the following:
(a) the processed feed complies with the provisions of Regulation (EC) No 834/2007 and in particular with Article 14(1)(d)(iv) and (v) for livestock or with Article 15(1)(d) for aquaculture animals and Article 18 thereof;
(b) the processed feed complies with the provisions of this Regulation and in particular with Articles 22 and 26 thereof;
(c) all ingredients of plant or animal origin contained in the processed feed are from the organic production method;
(d) at least 95 % of the product’s dry matter is comprised of organic agricultural products.
(9) Annexes V and VI are replaced by the text set out in the Annex to this Regulation.
Correcting provisions
In Section A of Annex VIII to Regulation (EC) No 889/2008, the row relating to the food additive E 392 is replaced by the following:
‘B E 392* Extracts of rosemary X X Only when derived from organic production’
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
However, points (6) and (7) of Article 1 shall apply as from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.