Commission Regulation (EC) No 889/2008Show full title

Commission Regulation (EC) No 889/2008

of 5 September 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 COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 9(4), the second paragraph of Article 11 Articles 12(3), 14(2), 16(3)(c), 17(2) and 18(5), the second subparagraph of Article 19(3), Articles 21(2), 22(1), 24(3), 25(3), 26, 28(6), 29(3) and 38(a), (b), (c) and (e), and Article 40 thereof,

Whereas:

(1) Regulation (EC) No 834/2007, and in particular Titles III, IV and V thereof, lay down basic requirements with regard to production, labelling and control of organic products in the plant and livestock sector. Detailed rules for the implementation of those requirements should be laid down.

(2) The evolution of new detailed production rules on certain animal species, organic aquaculture, seaweed and yeasts used as food or feed on community level will require more time and therefore should be elaborated in a subsequent procedure. It is therefore appropriate to exclude those products from the scope of this Regulation. However, as regards certain livestock species, aquaculture products and seaweed, the Community rules provided for production, controls and labelling should apply mutatis mutandis to those products, in accordance with Article 42 of Regulation (EC) No 834/2007.

(3) Certain definitions should be laid down in order to avoid ambiguities and to guarantee the uniform application of the organic production rules.

(4) Organic plant production is based on nourishing the plants primarily through the soil ecosystem. Therefore hydroponic cultivation, where plants grow with their roots in an inert medium feed with soluble minerals and nutrients, should not be allowed.

(5) Organic plant production involves varied cultivation practices and limited use of fertilisers and conditioners of low solubility, therefore these practices should be specified. In particular, conditions for the use of certain non-synthetic products should be laid down.

(6) The use of pesticides, which may have detrimental effects on the environment or result in the presence of residues in agricultural products, should be significantly restricted. Preference should be given to the application of preventive measures in pest, disease and weed control. In addition, conditions for the use of certain plant protection products should be laid down.

(7) For the purpose of organic farming, the use of certain plant protection products, fertilisers, soil conditioners, as well as certain non-organic feed materials, feed additives and feed processing aids and certain products used for cleaning and disinfection was allowed under Council Regulation (EEC) No 2092/91(2) under well-defined conditions. For the sake of ensuring the continuity of organic farming the products and substances in question should, in accordance with the provisions laid down in Article 16(3)(c) of Regulation (EC) No 834/2007, continue to be allowed. Moreover, for the sake of clarity, it is appropriate to list in the Annexes to this Regulation the products and substances which had been allowed under Regulation (EEC) No 2092/91. Other products and substances may be added to these lists in the future under a different legal basis, namely Article 16(1) of Regulation (EC) No 834/2007. It is therefore appropriate to identify the distinct status of each category of products and substances by means of a symbol in the list.

(8) The holistic approach of organic farming requires a livestock production related to the land, where the produced manure is used to nourish the crop production. Since livestock farming always implies the management of agricultural land, provision should be made to prohibit landless livestock production. In organic livestock production the choice of breeds should take account of their capacity to adapt to local conditions, their vitality and their resistance to disease and a wide biological diversity should be encouraged.

(9) Under certain circumstances operators may face difficulties in obtaining organic breeding animals from a reduced gene pool, which would hamper the development of the sector. Therefore the possibility of bringing a limited number of non-organic animals onto a farm for breeding purposes should be provided for.

(10) Organic stock farming should ensure that specific behavioural needs of animals are met. In this regard, housing for all species of livestock should satisfy the needs of the animals concerned as regards ventilation, light, space and comfort and sufficient area should accordingly be provided to permit ample freedom of movement for each animal and to develop the animal's natural social behaviour. Specific housing conditions and husbandry practices with regard to certain animals, including bees, should be laid down. These specific housing conditions should serve a high level of animal welfare, which is a priority in organic livestock farming and therefore may go beyond Community welfare standards which apply to farming in general. Organic husbandry practices should prevent poultry from being reared too quickly. Therefore specific provisions to avoid intensive rearing methods should be laid down. In particular poultry shall either be reared until they reach a minimum age or else shall come from slow-growing poultry strains, so that in either case there is no incentive to use intensive rearing methods.

(11) In most cases, livestock should have permanent access to open air areas for grazing, weather conditions permitting, and such open air areas should in principle be organised under an appropriate system of rotation.

(12) In order to avoid environmental pollution of natural resources such as soil and water by nutrients, an upper limit for the use of manure per hectare and for keeping livestock per hectare should be set. This limit should be related to the nitrogen content of the manure.

(13) Mutilations which lead to stress, harm, disease or the suffering of animals should be banned. However, specific operations essential to certain types of production and for the sake of security for animals and human beings may be permitted under restricted conditions.

(14) Livestock should be fed on grass, fodder and feedingstuffs produced in accordance with the rules of organic farming, preferably coming from the own holding, by taking into account their physiological needs. In addition, in order to provide for the basic nutritional requirements of livestock, certain minerals, trace elements and vitamins may need to be used under well-defined conditions.

(15) Since the existing regional differences in the possibility for organic ruminants to obtain the necessary essential vitamins A, D and E through their feed rations, as regards climate and available sources of feed, are expected to persist, the use of such vitamins for ruminants should be allowed.

(16) Animal-health management should mainly be based on prevention of disease. In addition specific cleaning and disinfection measures should be applied.

(17) The preventive use of chemically-synthesised allopathic medicinal products is not permitted in organic farming. However, in the event of a sickness or injury of an animal requiring an immediate treatment, the use of chemically-synthesised allopathic medicinal products should be limited to a strict minimum. Furthermore, in order to guarantee the integrity of organic production for consumers it should be possible to take restrictive measures such as doubling the withdrawal period after use of chemically synthesised allopathic medicinal products.

(18) Specific rules for disease prevention and veterinary treatment in beekeeping should be laid down.

(19) Provision should be made to require operators producing feed or food to take account of appropriate procedures based on a systematic identification of critical processing steps in order to ensure that the produced processed products comply with the organic production rules.

(20) Certain non-organic products and substances are needed in order to ensure the production of certain processed organic food and feed. The harmonization of wine processing rules on Community level will require more time. Therefore the mentioned products should be excluded for wine processing until, in a subsequent procedure, specific rules are laid down.

(21) For the purpose of processing organic food, the use of certain ingredients of non-agricultural origin, certain food processing aid and certain non-organic ingredients of agricultural origin was allowed under Regulation (EEC) No 2092/91 under well-defined conditions. For the sake of ensuring the continuity of organic farming the products and substances in question should, in accordance with the provisions laid down in Article 21(2) of Regulation (EC) No 834/2007, continue to be allowed. Moreover, for the sake of clarity, it is appropriate to list in the Annexes to this Regulation the products and substances which had been allowed under Regulation (EEC) No 2092/91. Other products and substances may be added to these lists in the future under a different legal basis, namely Article 21(2) of Regulation (EC) No 834/2007. It is therefore appropriate to identify the distinct status of each category of products and substances by means of a symbol in the list.

(22) Under certain conditions organic products and non-organic products can be collected and transported simultaneously. In order to duly separate organic from non-organic products during handling and to avoid any commingling specific provisions should be laid down.

(23) The conversion to the organic production method requires certain periods of adaptation of all means in use. Depending on the previous farm production, specific time periods for the various production sectors should be laid down.

(24) In accordance with Article 22 of Regulation (EC) No 834/2007, specific conditions for the application of exceptions provided for in that Article should be laid down. It is appropriate to set out such conditions with regard to the non availability of organic animals, feed, beeswax, seeds and seed potatoes and organic ingredients as well as to specific problems related to the livestock management and in the case of catastrophic circumstances.

(25) Geographical and structural differences in agriculture and climatic constraints may hamper the development of organic production in certain regions and therefore call for exceptions for certain practices as regards the characteristics of livestock buildings and installations. Therefore tethering of animals should, under well-defined conditions, be allowed in holdings which, due to their geographical location and structural constraints, in particular with regard to mountainous areas, are of small size, and only where it is not possible to keep the cattle in groups appropriate to their behavioural needs.

(26) For the purpose of ensuring the development of an incipient organic livestock sector, several temporary derogations as regards tethering of animals, housing conditions for animals and stocking densities were granted under Regulation (EEC) No 2092/91. These derogations should, on a transitional basis, be maintained until their expiry date, in order not to disrupt the organic livestock sector.

(27) Considering the importance of pollination of the organic beekeeping sector it should be possible to grant exceptions permitting the parallel production of organic and non-organic beekeeping unit on the same farm.

(28) Under certain circumstances, farmers may experience difficulty in securing supplies of organically reared livestock and organic feedingstuffs and therefore authorisation should be granted for a limited number of non-organically produced farm input to be used in restricted quantities.

(29) Major efforts have been undertaken by producers involved in organic production for the development of the production of organic seeds and vegetative materials in order to establish a broad choice of plant varieties of plant species for which organic seeds and vegetative propagating material is available. However, currently for many species there is still not enough organic seed and vegetative propagating material available and, in those cases, the use of non-organic seed and vegetative propagating material should be allowed.

(30) In order to help operators to find organic seed and seed potatoes, each Member State should ensure that a database is set up that contains the varieties of which organic seed and seed potatoes are available on the market.

(31) The management of adult bovine animals may endanger the keeper and other persons handling the animals. Therefore provision should be made to allow for exceptions to be granted during the final fattening phase of mammals, in particular with regard to bovine animals.

(32) Catastrophic circumstances or widespread animal or plant diseases may have serious effects on the organic production in the regions concerned. Appropriate measures need to be taken to ensure the maintenance of farming or even the reestablishment of farming. Therefore the supply of non-organic animals, or non-organic feed should be made possible for a limited period in the affected areas.

(33) In accordance with Articles 24(3) and 25(3) of Regulation (EC) No 834/2007, specific criteria as regards the presentation, composition, size and design of the Community logo, as well as the presentation and composition of the code number of the control authority or control body and of the indication of the place where the agricultural product has been farmed should be laid down.

(34) In accordance with Article 26 of Regulation (EC) No 834/2007, specific requirements for the labelling of organic feed should be laid down taking into account the varieties and composition of feed and the horizontal labelling provisions applicable to feed.

(35) In addition to the control system based on the Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(3) specific control measures should be laid down. In particular, detailed requirements with regard to all stages of production, preparation and distribution related to organic products.

(36) Notifications of information by the Member States to the Commission must enable it to use the information sent directly and as effectively as possible for the management of statistical information and referential data. To achieve this objective, all information to be made available or to be communicated between the Member States and the Commission should be sent electronically or in digital form.

(37) Exchanges of information and documents between the Commission and the Member States, and the provision and notification of information from the Member States to the Commission are generally carried out electronically or in digital form. In order to improve the way such exchanges of information under organic production rules are dealt with and to extend their use, it is necessary to adapt the existing computer systems or set up new ones. Provision should be made for this to be done by the Commission and implemented after informing the Member States via the Committee on organic production.

(38) The conditions under which information is processed by these computer systems and the form and content of documents which have to be communicated under Regulation (EC) No 834/2007 have to be adjusted frequently in line with changes to the applicable rules or management requirements. Uniform presentation of the documents to be sent in by the Member States is also necessary. To achieve these objectives and to simplify procedures and ensure that the computer systems concerned can be made operational immediately, the form and content of the documents should be laid down on the basis of models or questionnaires, which should be adapted and updated by the Commission after informing the Committee on organic production.

(39) Transitional measures should be laid down, for certain provisions established under Regulation (EEC) No 2092/91, in order not to jeopardize the continuity of the organic production.

(40) Commission Regulation (EEC) No 207/93 of 29 January 1993 defining the content of Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for implementing the provisions of Article 5(4) thereto(4) Commission Regulation (EC) No 1452/2003 of 14 August 2003 maintaining the derogation provided for in Article 6(3)(a) of Council Regulation (EEC) No 2092/91 with regard to certain species of seed and vegetative propagating material and laying down procedural rules and criteria relating to that derogation(5) and 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(6) should be repealed and replaced by a new Regulation.

(41) Regulation (EEC) No 2092/91 is repealed by Regulation (EC) No 834/2007 with effect from 1 January 2009. However, many of its provisions should, with some adaptation, continue to apply and should therefore be adopted in the framework of this Regulation. For the sake of clarity it is appropriate to set out the correlation between those provisions of Regulation (EEC) No 2092/91 and the provisions of this Regulation.

(42) The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

HAS ADOPTED THIS REGULATION:

TITLE I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down specific rules on organic production, labelling and control in respect of products referred to in Article 1(2) of Regulation (EC) No 834/2007.

[F1 2. This Regulation shall not apply to:

(a) livestock species other than those referred to in Article 7; and

(b) to aquaculture animals other than those referred to in Article 25a.

However, Title II, Title III and Title IV shall apply mutatis mutandis to such products until detailed production rules for those products are laid down on the basis of Regulation (EC) No 834/2007.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

Article 2 U.K. Definitions

In addition to the definitions laid down in Article 2 of Regulation (EC) No 834/2007, the following definitions shall apply for the purposes of this Regulation:

(a)

‘non-organic’: means not coming from or not related to a production in accordance to Regulation (EC) No 834/2007 and this Regulation;

(b)

‘veterinary medicinal products’: means products as defined in Article 1(2) of Directive 2001/82/EC of the European Parliament and of the Council(7) concerning the Community code relating to veterinary medicinal products;

(c)

‘importer’: means the natural or legal person F2 ... who presents a consignment for release for free circulation into [F3 Great Britain], either in person, or through a representative;

(d)

‘first consignee’ means the natural or legal person to whom the imported consignment is delivered and who will receive it for further preparation and/or marketing;

(e)

‘holding’ means all the production units operated under a single management for the purpose of producing agricultural products;

(f)

[F1 ‘ production unit ’ means all assets to be used for a production sector such as production premises, land parcels, pasturages, open air areas, livestock buildings, fish ponds, containment systems for seaweed or aquaculture animals, shore or seabed concessions, the premises for the storage of crops, crop products, seaweed products, animal products, raw materials and any other input relevant for this specific production sector;]

(g)

‘hydroponic production’ means the method of growing plants with their roots in a mineral nutrient solution only or in an inert medium, such as perlite, gravel or mineral wool to which a nutrient solution is added;

(h)

‘veterinary treatment’ means all courses of a curative or preventive treatment against one occurrence of a specific disease;

(i)

‘in-conversion feedingstuffs’ means feedingstuffs produced during the conversion period to organic production, with the exclusion of those harvested in the 12 months following the beginning of the conversion as referred to in Article 17(1)(a) of Regulation (EC) No 834/2007[F1 ;]

(j)

[F4 ‘ closed recirculation aquaculture facility ’ means a facility where aquaculture takes place within an enclosed environment on land or on a vessel involving the recirculation of water, and depending on permanent external energy input to stabilize the environment for the aquaculture animals;

(k)

‘ energy from renewable sources ’ means renewable non-fossil energy sources: wind, solar, geothermal, wave, tidal, hydropower, landfill gas, sewage treatment plant gas and biogases;

(l)

‘ hatchery ’ means a place of breeding, hatching and rearing through the early life stages of aquaculture animals, finfish and shellfish in particular;

(m)

‘ nursery ’ means a place where an intermediate farming system, between the hatchery and grow-out stages is applied. The nursery stage is completed within the first third of the production cycle with the exception of species undergoing a smoltification process;

(n)

‘pollution’ in the framework of aquaculture and seaweed production means the direct or indirect introduction into the aquatic environment of substances or energy as defined in Directive 2008/56/EC of the European Parliament and of the Council (8) and in Directive 2000/60/EC of the European Parliament and of the Council (9) , in the waters where they respectively apply;

(o)

‘ polyculture ’ in the framework of aquaculture and seaweed production, means the rearing of two or more species usually from different trophic levels in the same culture unit;

(p)

‘ production cycle ’ in the framework of aquaculture and seaweed production, means the lifespan of an aquaculture animal or seaweed from the earliest life stage to harvesting;

(q)

‘locally grown species’ in the framework of aquaculture and seaweed production, means those which are neither alien nor locally absent species under Council Regulation (EC) No 708/2007 (10) . Those species listed in Annex IV of Regulation (EC) No 708/2007 may be considered as locally grown species;

(r)

‘stocking density’ in the framework of aquaculture, means the live weight of animals per cubic metre of water at any time during the grow-out phase and in the case of flatfish and shrimp the weight per square metre of surface [F5 ;]]

(s)

‘[F6 control file’ means all the information and documents transmitted, for the purposes of the control system, to the competent [F7 authority] or to control authorities and control bodies by an operator subject to the control system as referred to in Article 28 of Regulation (EC) No 834/2007, including all the relevant information and documents relating to that operator or the activities of that operator held by competent authorities, control authorities and control bodies, with the exception of information or documents that have no bearing on the operation of the control system [F8 ;]]

(t)

‘[F9 preserving’ means any action, different from farming and harvesting, that is carried out on products, but which does not qualify as processing as defined in point (u), including all actions referred to in point (n) of Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council (11) and excluding packaging or labelling of the product;

(u)

‘ processing ’ means any action referred to in point (m) of Article 2(1) of Regulation (EC) No 852/2004, including the use of substances referred to in Article 19(2)(b) of Regulation (EC) No 834/2007. Packaging or labelling operations shall not be considered as processing.]

(v)

[F10 ‘relevant authority’ means:

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(w)

‘third country’ has the same meaning as in Article 2 of Council Regulation (EC) No 834/2007.]

(x)

[F11 ‘Article 3 list’ means the list of control bodies and control authorities for the purpose of compliance and relevant specifications referred to in Article 3 of Commission Regulation (EC) No 1235/2008;

(y)

‘Article 7 list’ means the list of third countries and relevant specifications referred to in Article 7 of Commission Regulation (EC) No 1235/2008;

(z)

‘Article 10 list’ means the list of control bodies and control authorities for the purpose of equivalence and relevant specifications referred to in Article 10 of Commission Regulation (EC) No 1235/2008.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F2 Words in Art. 2(c) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(c) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(2)(a)(ii) (as substituted by S.I. 2020/1400, regs. 1(b), 3(3)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F5 Substituted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F6 Inserted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F7 Word in Art. 2(s) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Substituted by Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (Text with EEA relevance).

F9 Inserted by Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (Text with EEA relevance).

F10 Art. 2(v)(w) inserted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(2)(c) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(x)-(z) inserted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 3(2)

[F8 TITLE II U.K. RULES ON PRODUCTION, PRESERVATION, PROCESSING, PACKAGING, TRANSPORT AND STORAGE OF ORGANIC PRODUCTS]

CHAPTER 1 U.K. Plant Production

Article 3 U.K. Soil management and fertilisation

1. Where the nutritional needs of plants cannot be met by measures provided for in Article 12(1)(a), (b) and (c) of Regulation (EC) No 834/2007, only fertilisers and soil conditioners referred to in Annex I to this Regulation may be used in organic production and only to the extent necessary. Operators shall keep documentary evidence of the need to use the product.

2. The total amount of livestock manure, as defined in Council Directive 91/676/EEC(12) concerning the protection of waters against pollution caused by nitrates from agricultural sources, applied on the holding may not exceed 170 kg of nitrogen per year/hectare of agricultural area used. This limit shall only apply to the use of farmyard manure, dried farmyard manure and dehydrated poultry manure, composted animal excrements, including poultry manure, composted farmyard manure and liquid animal excrements.

3. Organic-production holdings may establish written cooperation agreements exclusively with other holdings and enterprises which comply with the organic production rules, with the intention of spreading surplus manure from organic production. The maximum limit as referred to in paragraph 2, shall be calculated on the basis of all of the organic-production units involved in such cooperation.

4. Appropriate preparations of micro-organisms may be used to improve the overall condition of the soil or the availability of nutrients in the soil or in the crops.

5. For compost activation appropriate plant-based preparations or preparations of micro-organisms may be used.

Article 4 U.K. Prohibition of hydroponic production

Hydroponic production is prohibited.

Article 5 U.K. Pest, disease and weed management

1. Where plants cannot be adequately protected from pests and diseases by measures provided for in Article 12 (1)(a), (b), (c) and (g) of Regulation (EC) No 834/2007, only products referred to in Annex II to this Regulation may be used in organic production. Operators shall keep documentary evidence of the need to use the product.

2. For products used in traps and dispensers, except pheromone dispensers, the traps and/or dispensers, shall prevent the substances from being released into the environment and prevent contact between the substances and the crops being cultivated. The traps shall be collected after use and disposed off safely.

Article 6 U.K. Specific rules on mushroom production

For production of mushrooms, substrates may be used, if they are composed only of the following components:

(a)

farmyard manure and animal excrements:

(i)

either from holdings producing according to the organic production method;

(ii)

or referred to in Annex I, only when the product referred to in point (i) is not available; and when they do not exceed 25 % of the weight of total components of the substrate, excluding the covering material and any added water, before composting;

(b)

products of agricultural origin, other than those referred to in point (a), from holdings producing according to organic production method;

(c)

peat not chemically treated;

(d)

wood, not treated with chemical products after felling;

(e)

mineral products referred to in Annex I, water and soil.

[F4 CHAPTER 1a U.K. Seaweed production

[F12 Article 6a U.K. Scope

This Chapter lays down detailed production rules for seaweed.

For the purposes of this Chapter ‘ seaweed ’ includes multi-cellular marine algae, phytoplankton and micro-algae.]

Textual Amendments

F12 Substituted by Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending 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 (Text with EEA relevance).

Article 6b U.K. Suitability of aquatic medium and sustainable management plan

1 . Operations shall be situated in locations that are not subject to contamination by products or substances not authorised for organic production, or pollutants that would compromise the organic nature of the products.

2 . Organic and non-organic production units shall be separated adequately. Such separation measures shall be based on the natural situation, separate water distribution systems, distances, the tidal flow, the upstream and the downstream location of the organic production unit. [F13 Nothing in this Regulation prevents the relevant authority from using any power the authority has to] designate locations or areas which they consider to be unsuitable for organic aquaculture or seaweed harvesting [F14 or] set up minimum separation distances between organic and non-organic production units.

F15 ...

3 . An environmental assessment proportionate to the production unit shall be required for all new operations applying for organic production and producing more than 20 tonnes of aquaculture products per year to ascertain the conditions of the production unit and its immediate environment and likely effects of its operation. The operator shall provide the environmental assessment to the control body or control authority. The content of the environmental assessment shall be based on Annex IV to [F16 Directive 2011/92/EU]. If the unit has already been subject to an equivalent assessment, then its use shall be permitted for this purpose.

4 . The operator shall provide a sustainable management plan proportionate to the production unit for aquaculture and seaweed harvesting.

The plan shall be updated annually and shall detail the environmental effects of the operation, the environmental monitoring to be undertaken, and list measures to be taken to minimise negative impacts on the surrounding aquatic and terrestrial environments, including, where applicable, nutrient discharge into the environment per production cycle or per annum. The plan shall record the surveillance and repair of technical equipment.

5 . Aquaculture and seaweed business operators shall by preference use renewable energy sources and re-cycle materials and shall draw up as part of the sustainable management plan a waste reduction schedule to be put in place at the commencement of operations. Where possible, the use of residual heat shall be limited to energy from renewable sources.

6 . For seaweed harvesting a once-off biomass estimate shall be undertaken at the outset.

Textual Amendments

F13 Words in Art. 6b(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Art. 6b(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 6b(2) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 6b(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 6c U.K. Sustainable harvesting of wild seaweed

1. Documentary accounts shall be maintained in the unit or premises and shall enable the operator to identify and the control authority or control body to verify that the harvesters have supplied only wild seaweed produced in accordance with Regulation (EC) No 834/2007.

2. Harvesting shall be carried out in such a way that the amounts harvested do not cause a significant impact on the state of the aquatic environment. Measures shall be taken to ensure that seaweed can regenerate, such as harvest technique, minimum sizes, ages, reproductive cycles or size of remaining seaweed.

3. If seaweed is harvested from a shared or common harvest area, documentary evidence shall be available that the total harvest complies with this Regulation.

4. With respect to Article 73b(2)(b) and (c), these records must provide evidence of sustainable management and of no long-term impact on the harvesting areas.

Article 6d U.K. Seaweed Cultivation

1. Seaweed culture at sea shall only utilise nutrients naturally occurring in the environment, or from organic aquaculture animal production, preferably located nearby as part of a polyculture system.

2. In facilities on land where external nutrient sources are used the nutrient levels in the effluent water shall be verifiably the same, or lower, than the inflowing water. Only nutrients of plant or mineral origin and as listed in Annex I may be used.

3. Culture density or operational intensity shall be recorded and shall maintain the integrity of the aquatic environment by ensuring that the maximum quantity of seaweed which can be supported without negative effects on the environment is not exceeded.

4. Ropes and other equipment used for growing seaweed shall be re-used or recycled where possible.

Article 6e U.K. Antifouling measures and cleaning of production equipment and facilities

1. Bio-fouling organisms shall be removed only by physical means or by hand and where appropriate returned to the sea at a distance from the farm.

2. Cleaning of equipment and facilities shall be carried out by physical or mechanical measures. Where this is not satisfactory only substances as listed in Annex VII, Section 2 may be used.]

CHAPTER 2 U.K. Livestock production

Article 7 U.K. Scope

This Chapter lays down detailed production rules for the following species: bovine including bubalus and bison, equidae, porcine, ovine, caprine, poultry (species as mentioned in Annex III) and bees.

Section 1 U.K. Origin of animals

Article 8 U.K. Origin of organic animals

1. In the choice of breeds or strains, account shall be taken of the capacity of animals to adapt to local conditions, their vitality and their resistance to disease. In addition, breeds or strains of animals shall be selected to avoid specific diseases or health problems associated with some breeds or strains used in intensive production, such as porcine stress syndrome, PSE Syndrome (pale-soft-exudative), sudden death, spontaneous abortion and difficult births requiring caesarean operations. Preference is to be given to indigenous breeds and strains.

2. For bees, preference shall be given to the use of Apis mellifera and their local ecotypes.

Article 9 U.K. Origin of non-organic animals

1. In accordance with Article 14(1)(a)(ii) of Regulation (EC) No 834/2007, non-organic animals may be brought onto a holding for breeding purposes, only when organic animals are not available in sufficient number and subject to the conditions provided for in paragraphs 2 to 5 of this Article.

2. Non-organic young mammals, when a herd or flock is constituted for the first time, shall be reared in accordance with the organic production rules immediately after they are weaned. Moreover, the following restrictions shall apply at the date on which the animals enter the herd:

(a) buffalo, calves and foals shall be less than six months old;

(b) lambs and kids shall be less than 60 days old;

(c) piglets shall weigh less than 35 kg.

3. Non-organic adult male and nulliparous female mammals, for the renewal of a herd or flock, shall be reared subsequently in accordance with the organic production rules. Moreover, the number of female mammals is subject to the following restrictions per year:

(a) up to a maximum of 10 % of adult equine or bovine, including bubalus and bison species, livestock and 20 % of the adult porcine, ovine and caprine livestock, as female animals;

(b) for units with less than 10 equine or bovine animals, or with less than five porcine, ovine or caprine animals any renewal as mentioned above shall be limited to a maximum of one animal per year.

F17 ...

4. The percentages referred to in paragraph 3 may be increased up to 40 %, subject to prior authorisation by the competent authority, in the following special cases:

(a) when a major extension to the farm is undertaken;

(b) when a breed is changed;

(c) when a new livestock specialisation is initiated;

(d) when breeds are in danger of being lost to farming as laid down in Annex IV to Commission Regulation (EC) No 1974/2006(13) and in that case animals of those breeds must not necessarily be nulliparous.

5. For the renovation of apiaries, 10 % per year of the queen bees and swarms may be replaced by non-organic queen bees and swarms in the organic production unit provided that the queen bees and swarms are placed in hives with combs or comb foundations coming from organic production units.

Textual Amendments

F17 Words in Art. 9(3) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Livestock housing and husbandry practices

Article 10 U.K. Rules pertaining to housing conditions

1. Insulation, heating and ventilation of the building shall ensure that air circulation, dust level, temperature, relative air humidity and gas concentration, are kept within limits which are not harmful to the animals. The building shall permit plentiful natural ventilation and light to enter.

2. Housing for livestock shall not be mandatory in areas with appropriate climatic conditions to enable animals to live outdoors.

3. The stocking density in buildings shall provide for the comfort, the well being and the species-specific needs of the animals which, in particular, shall depend on the species, the breed and the age of the animals. It shall also take account of the behavioural needs of the animals, which depend in particular on the size of the group and the animals' sex. The density shall ensure the animals' welfare by providing them with sufficient space to stand naturally, lie down easily, turn round, groom themselves, assume all natural postures and make all natural movements such as stretching and wing flapping.

4. The minimum surface for indoor and outdoor areas, and other characteristics of housing for different species and categories of animals, are laid down in Annex III.

Article 11 U.K. Specific housing conditions and husbandry practices for mammals

1. Livestock housing shall have smooth, but not slippery floors. At least half of the indoor surface area as specified in Annex III shall be solid, that is, not of slatted or of grid construction.

2. The housing shall be provided with a comfortable, clean and dry laying/rest area of sufficient size, consisting of a solid construction which is not slatted. Ample dry bedding strewn with litter material shall be provided in the rest area. The litter shall comprise straw or other suitable natural material. The litter may be improved and enriched with any mineral product listed in Annex I.

3. Notwithstanding [F18 Article 3 of Council Directive 2008/119/EC] the housing of calves in individual boxes shall be forbidden after the age of one week.

4. Notwithstanding Article 3(8) of Council Directive [F19 2008/120/EC] sows shall be kept in groups, except in the last stages of pregnancy and during the suckling period.

5. Piglets shall not be kept on flat decks or in piglet cages.

6. Exercise areas shall permit dunging and rooting by porcine animals. For the purposes of rooting different substrates can be used.

Textual Amendments

F18 Words in Art. 11(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Word in Art. 11(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Specific housing conditions and husbandry practices for poultry

1. Poultry shall not be kept in cages.

2. Water fowl shall have access to a stream, pond, lake or a pool whenever the weather and hygienic conditions permit in order to respect their species-specific needs and animal welfare requirements.

3. Buildings for all poultry shall meet the following conditions:

(a) at least one third of the floor area shall be solid, that is, not of slatted or of grid construction, and covered with a litter material such as straw, wood shavings, sand or turf;

(b) in poultry houses for laying hens, a sufficiently large part of the floor area available to the hens shall be available for the collection of bird droppings;

(c) they shall have perches of a size and number commensurate with the size of the group and of the birds as laid down in Annex III;

(d) they shall have exit/entry pop-holes of a size adequate for the birds, and these pop-holes shall have a combined length of at least 4 m per 100 m² area of the house available to the birds;

(e) each poultry house shall not contain more than:

(i)

4 800 chickens,

(ii)

3 000 laying hens,

(iii)

5 200 guinea fowl,

(iv)

4 000 female Muscovy or Peking ducks or 3 200 male Muscovy or Peking ducks or other ducks,

(v)

2 500 capons, geese or turkeys;

(f) the total usable area of poultry houses for meat production on any single unit, shall not exceed 1 600 m²;

(g) poultry houses shall be constructed in a manner allowing all birds easy access to open air area.

4. Natural light may be supplemented by artificial means to provide a maximum of 16 hours light per day with a continuous nocturnal rest period without artificial light of at least eight hours.

5. To prevent the use of intensive rearing methods, poultry shall either be reared until they reach a minimum age or else shall come from slow-growing poultry strains. Where slow-growing poultry strains are not used by the operator the following minimum age at slaughter shall be:

(a) 81 days for chickens,

(b) 150 days for capons,

(c) 49 days for Peking ducks,

(d) 70 days for female Muscovy ducks,

(e) 84 days for male Muscovy ducks,

(f) 92 days for Mallard ducks,

(g) 94 days for guinea fowl,

(h) 140 days for male turkeys and roasting geese and

(i) 100 days for female turkeys.

The competent authority shall define the criteria of slow-growing strains F20 ....

Textual Amendments

F20 Words in Art. 12(5) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Specific requirements and housing conditions in beekeeping

1. The siting of the apiaries shall be such that, within a radius of 3 km from the apiary site, nectar and pollen sources consist essentially of organically produced crops and/or spontaneous vegetation and/or crops treated with low environmental impact methods equivalent to those as described in [F21 Title 3 of Regulation (EU) No 1305/2013] which cannot affect the qualification of beekeeping production as being organic. The above mentioned requirements do not apply where flowering is not taking place, or the hives are dormant.

2. [F22 Nothing in this Regulation prevents the relevant authority from using any power the authority has to] designate regions or areas where beekeeping complying with organic production rules is not practicable.

3. The hives shall be made basically of natural materials presenting no risk of contamination to the environment or the apiculture products.

4. The bees wax for new foundations shall come from organic production units.

5. Without prejudice to Article 25, only natural products such as propolis, wax and plant oils can be used in the hives.

6. The use of chemical synthetic repellents is prohibited during honey extractions operations.

7. The use of brood combs is prohibited for honey extraction.

Textual Amendments

F21 Words in Art. 13(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 13(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Access to open air areas

1. Open air areas may be partially covered.

2. In accordance with Article 14(1)(b)(iii) of Regulation (EC) No 834/2007 herbivores shall have access to pasturage for grazing whenever conditions allow.

3. In cases where herbivores have access to pasturage during the grazing period and where the winter-housing system gives freedom of movement to the animals, the obligation to provide open air areas during the winter months may be waived.

4. Notwithstanding paragraph 2, bulls over one year old shall have access to pasturage or an open air area.

5. Poultry shall have access to an open air area for at least one third of their life.

6. Open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking and feeding troughs.

7. Where poultry are kept indoors due to restrictions or obligations imposed on the basis of [F23 retained EU law], they shall permanently have access to sufficient quantities of roughage and suitable material in order to meet their ethological needs.

Textual Amendments

F23 Words in Art. 14(7) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K. Stocking density

1. The total stocking density shall be such as not to exceed the limit of 170 kg of nitrogen per year and hectare of agricultural area as referred to in Article 3(2).

2. To determine the appropriate density of livestock referred to above, the competent authority shall set out the livestock units equivalent to the above limit, taking as a guideline, the figures laid down in Annex IV or the relevant [F24 retained EU law on nitrates].

Textual Amendments

F24 Words in Art. 15(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Prohibition of landless livestock production

Landless livestock production, by which the operator of the livestock does not manage agricultural land and/or has not established a written cooperation agreement with another operator according to Article 3(3), is prohibited.

Article 17 U.K. Simultaneous production of organic and non-organic livestock

1. Non organic livestock may be present on the holding provided they are reared on units where the buildings and parcels are separated clearly from the units producing in accordance with the organic production rules and a different species is involved.

2. Non-organic livestock may use organic pasturage for a limited period of time each year, provided that such animals come from a farming system as defined in paragraph 3(b) and that organic animals are not present at the same time on that pasture.

3. Organic animals may be grazed on common land, providing that:

(a) the land has not been treated with products not authorised for organic production for at least three years;

(b) any non-organic animals which use the land concerned are derived from a farming system equivalent to those as described in [F25 Title 3 of Regulation (EU) No 1305/2013];

(c) any livestock products from organic animals, whilst using this land, shall not be regarded as being from organic-production, unless adequate segregation from non-organic animals can be proved.

4. During the period of transhumance animals may graze on non-organic land when they are being moved on foot from one grazing area to another. The uptake of non-organic feed, in the form of grass and other vegetation on which the animals graze, during this period shall not exceed 10 % of the total feed ration per year. This figure shall be calculated as a percentage of the dry matter of feedingstuffs from agricultural origin.

5. Operators shall keep documentary evidence of the use of provisions referred to in this Article.

Textual Amendments

F25 Words in Art. 17(3)(b) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K. Management of animals

1. Operations such as attaching elastic bands to the tails of sheep, tail-docking, cutting of teeth, trimming of beaks and dehorning shall not be carried out routinely in organic farming. However, some of these operations may be authorised by the competent authority for reasons of safety or if they are intended to improve the health, welfare or hygiene of the livestock on a case-by-case basis.

Any suffering to the animals shall be reduced to a minimum by applying adequate anaesthesia and/or analgesia and by carrying out the operation only at the most appropriate age by qualified personnel.

2. Physical castration is allowed in order to maintain the quality of products and traditional production practices but only under the conditions set out in the second subparagraph of paragraph 1.

3. Mutilation such as clipping the wings of queen bees is prohibited.

4. Loading and unloading of animals shall be carried out without the use of any type of electrical stimulation to coerce the animals. The use of allopathic tranquillisers, prior to or during transport, is prohibited.

Section 3 U.K. Feed

[F26 Article 19 U.K. Feed from own holding and other sources

1. In case of herbivores, except during the period each year when the animals are under transhumance subject to Article 17(4), at least 60 % of the feed shall come from the farm unit itself or in case this is not feasible, be produced in cooperation with other organic farms in the same region.

2. In case of pigs and poultry, at least 20 % of the feed shall come from the farm unit itself or in case this is not feasible, be produced in the same region in cooperation with other organic farms or feed business operators.

3. In the case of bees, at the end of the production season hives shall be left with sufficient reserves of honey and pollen to survive the winter.

The feeding of bee colonies shall only be permitted where the survival of the hives is endangered due to climatic conditions. Feeding shall be with organic honey, organic sugar syrups, or organic sugar.]

Textual Amendments

F26 Substituted by 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.

Article 20 U.K. Feed meeting animals' nutritional requirements

1. All young mammals shall be fed on maternal milk in preference to natural milk, for a minimum period of three months for bovines including bubalus and bison species and equidae, 45 days for sheep and goats and 40 days for pigs.

2. Rearing systems for herbivores are to be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year. At least 60 % of the dry matter in daily rations of herbivores shall consist of roughage, fresh or dried fodder, or silage. A reduction to 50 % for animals in dairy production for a maximum period of three months in early lactation is allowed.

3. Roughage, fresh or dried fodder, or silage shall be added to the daily ration for pigs and poultry.

4. The keeping of livestock in conditions, or on a diet, which may encourage anaemia, is prohibited.

5. Fattening practices shall be reversible at any stage of the rearing process. Force-feeding is forbidden.

Article 21 U.K. In-conversion feed

[F27 1. Up to 30 % of the feed formula of rations on average may comprise in-conversion feedingstuffs. When the in-conversion feedingstuffs come from a unit of the holding itself, this percentage may be increased to 100 %.]

[F1 2. Up to 20 % of the total average amount of feedingstuffs fed to livestock may originate from the grazing or harvesting of permanent pastures, perennial forage parcels or protein crops, sown under organic management on lands in their first year of conversion, provided that they are part of the holding itself and have not been part of an organic production unit of that holding in the last five years. When both in-conversion feedingstuffs and feedingstuffs from parcels in their first year of conversion are being used, the total combined percentage of such feedingstuffs shall not exceed the maximum percentages fixed in paragraph 1.]

3. The figures in paragraph 1 and 2 shall be calculated annually as a percentage of the dry matter of feedingstuffs of plant origin.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F27 Substituted by Commission Regulation (EC) No 1254/2008 of 15 December 2008 amending Regulation (EC) No 889/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control.

[F26 Article 22 U.K. Use of certain products and substances in feed

For the purposes of Article 14(1)(d)(iv) of Regulation (EC) No 834/2007 only the following substances may be used in the processing of organic feed and feeding organic animals:

(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.]

Textual Amendments

F26 Substituted by 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.

Section 4 U.K. Disease prevention and veterinary treatment

Article 23 U.K. Disease prevention

1. The use of chemically synthesised allopathic veterinary medicinal products or antibiotics for preventive treatment is prohibited, without prejudice to Article 24(3).

2. The use of substances to promote growth or production (including antibiotics, coccidiostatics and other artificial aids for growth promotion purposes) and the use of hormones or similar substances to control reproduction or for other purposes (e.g. induction or synchronisation of oestrus), is prohibited.

3. Where livestock is obtained from non-organic units, special measures such as screening tests or quarantine periods may apply, depending on local circumstances.

4. Housing, pens, equipment and utensils shall be properly cleaned and disinfected to prevent cross-infection and the build-up of disease carrying organisms. Faeces, urine and uneaten or spilt feed shall be removed as often as necessary to minimise smell and to avoid attracting insects or rodents.

For the purpose of Article 14(1)(f) of Regulation (EC) No 834/2007, only products listed in Annex VII may be used for cleaning and disinfection of livestock buildings installations and utensils. Rodenticides (to be used only in traps), and the products listed in Annex II, can be used for the elimination of insects and other pests in buildings and other installations where livestock is kept.

5. Buildings shall be emptied of livestock between each batch of poultry reared. The buildings and fittings shall be cleaned and disinfected during this time. In addition, when the rearing of each batch of poultry has been completed, runs shall be left empty to allow vegetation to grow back. [F28 The relevant authority] shall establish the period for which runs must be empty. The operator shall keep documentary evidence of the application of this period. These requirements shall not apply where poultry is not reared in batches, is not kept in runs and is free to roam, throughout the day.

Textual Amendments

F28 Words in Art. 23(5) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. Veterinary treatment

1. Where despite preventive measures to ensure animal health as laid down in Article 14(1)(e)(i) of Regulation (EC) No 834/2007 animals become sick or injured they shall be treated immediately, if necessary in isolation and in suitable housing.

[F29 2 . Phytotherapeutic and homeopathic products, trace elements and products listed in Section 1 of Annex V and in Section 3 of Annex VI shall be used in preference to chemically-synthesised allopathic veterinary treatment or antibiotics, provided that their therapeutic effect is effective for the species of animal, and the condition for which the treatment is intended.]

3. If the use of measures referred to in paragraph 1 and 2 is not effective in combating illness or injury, and if treatment is essential to avoid suffering or distress of the animal, chemically-synthesised allopathic veterinary medicinal products or antibiotics may be used under the responsibility of a veterinarian.

4. With the exception of vaccinations, treatments for parasites and compulsory eradication schemes where an animal or group of animals receive more than three courses of treatments with chemically-synthesised allopathic veterinary medicinal products or antibiotics within 12 months, or more than one course of treatment if their productive lifecycle is less than one year, the livestock concerned, or produce derived from them, may not be sold as organic products, and the livestock shall undergo the conversion periods laid down in Article 38(1).

Records of documented evidence of the occurrence of such circumstances shall be kept for the control body or control authority.

5. The withdrawal period between the last administration of an allopathic veterinary medicinal product to an animal under normal conditions of use, and the production of organically produced foodstuffs from such animals, is to be twice the legal withdrawal period as referred to in [F30 paragraph 2 of Schedule 4 to the Veterinary Medicines Regulations 2013] or, in a case in which this period is not specified, 48 hours.

Textual Amendments

F29 Substituted by Commission Implementing Regulation (EU) No 354/2014 of 8 April 2014 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.

F30 Words in Art. 24(5) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(12); 2020 c. 1, Sch. 5 para. 1(1)

Article 25 U.K. Specific rules on disease prevention and veterinary treatment in beekeeping

[F31 1 . For the purpose of cleaning and disinfection of frames, hives and combs, sodium hydroxide may be used.

For the purpose of protecting frames, hives and combs, in particular from pests, only rodenticides (to be used only in traps), and appropriate products listed in Annex II, are permitted.]

2. Physical treatments for disinfection of apiaries such as steam or direct flame are permitted.

3. The practice of destroying the male brood is permitted only to isolate the infestation of Varroa destructor.

4. If despite all preventive measures, the colonies become sick or infested, they shall be treated immediately and, if necessary, the colonies can be placed in isolation apiaries.

5. Veterinary medicinal products may be used in organic beekeeping in so far as the corresponding use is authorised in [F32 Great Britain in accordance with any relevant retained EU law].

6. Formic acid, lactic acid, acetic acid and oxalic acid as well as menthol, thymol, eucalyptol or camphor may be used in cases of infestation with Varroa destructor.

7. If a treatment is applied with chemically synthesised allopathic products, during such a period, the colonies treated shall be placed in isolation apiaries and all the wax shall be replaced with wax coming from organic beekeeping. Subsequently, the conversion period of one year laid down in Article 38(3) will apply to those colonies.

8. The requirements laid down in paragraph 7 shall not apply to products listed in paragraph 6.

Textual Amendments

F31 Substituted by Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending 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 (Text with EEA relevance).

F32 Words in Art. 25(5) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), reg. 3(13) (as substituted by S.I. 2020/1400, regs. 1(b), 3(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F4 CHAPTER 2a U.K. Aquaculture animal production

Section 1 U.K. General rules

Article 25a U.K. Scope

This Chapter lays down detailed production rules for species of fish, crustaceans, echinoderms and molluscs as covered by Annex XIIIa.

It applies mutatis mutandis to zooplankton, micro-crustaceans, rotifers, worms and other aquatic feed animals.

Article 25b U.K. Suitability of aquatic medium and sustainable management plan

1. The provisions of Article 6b(1) to (5) shall apply to this Chapter.

2. Defensive and preventive measures taken against predators under Council Directive 92/43/EEC (14) and national rules shall be recorded in the sustainable management plan.

3. Verifiable coordination shall take place with the neighbouring operators in drawing up their management plans where applicable.

4. For aquaculture animal production in fishponds, tanks or raceways, farms shall be equipped with either natural-filter beds, settlement ponds, biological filters or mechanical filters to collect waste nutrients or use seaweeds and/or animals (bivalves and algae) which contribute to improving the quality of the effluent. Effluent monitoring shall be carried out at regular intervals where appropriate.

Article 25c U.K. Simultaneous production of organic and non-organic aquaculture animals

1. The competent authority may permit hatcheries and nurseries to rear both organic and non-organic juveniles in the same holding provided there is clear physical separation between the units and a separate water distribution system exists.

2. In case of grow-out production, the competent authority may permit organic and non-organic aquaculture animal production units on the same holding provided Article 6b(2) of this Regulation is complied with and where different production phases and different handling periods of the aquaculture animals are involved.

3. Operators shall keep documentary evidence of the use of provisions referred to in this Article.

Section 2 U.K. Origin of aquaculture animals

Article 25d U.K. Origin of organic aquaculture animals

1. Locally grown species shall be used and breeding shall aim to give strains which are more adapted to farming conditions, good health and good utilisation of feed resources. Documentary evidence of their origin and treatment shall be provided for the control body or control authority.

2. Species shall be chosen which can be farmed without causing significant damage to wild stocks.

Article 25e U.K. Origin and management of non-organic aquaculture animals

1. For breeding purposes or for improving genetic stock and when organic aquaculture animals are not available, wild caught or non-organic aquaculture animals may be brought into a holding. Such animals shall be kept under organic management for at least three months before they may be used for breeding.

2. For on-growing purposes and when organic aquaculture juvenile animals are not available non-organic aquaculture juveniles may be brought into a holding. At least the latter two thirds of the duration of the production cycle shall be managed under organic management.

[F12 3. The maximum percentage of non-organic aquaculture juveniles introduced to the farm shall be 80 % by 31 December 2011 , 50 % by 31 December 2014 and 0 % by 31 December 2016 .]

[F33 4. For on-growing purposes the collection of wild aquaculture juveniles is specifically restricted to the following cases:

(a) natural influx of fish or crustacean larvae and juveniles when filling ponds, containment systems and enclosures;

(b) European glass eel, provided that an approved eel management plan is in place for the location and artificial reproduction of eel remains unsolved;

(c) the collection of wild fry of species other than European eel for on-growing in traditional extensive aquaculture farming inside wetlands, such as brackish water ponds, tidal areas and costal lagoons, closed by levees and banks, provided that:

(i)

the restocking is in line with management measures approved by the relevant authorities in charge of the management of the fish stocks in question to ensure the sustainable exploitation of the species concerned, and

(ii)

the fish are fed exclusively with feed naturally available in the environment.]

Textual Amendments

F12 Substituted by Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending 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 (Text with EEA relevance).

F33 Substituted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

Section 3 U.K. Aquaculture Husbandry practices

Article 25f U.K. General aquaculture husbandry rules

1. The husbandry environment of the aquaculture animals shall be designed in such a way that, in accordance with their species specific needs, the aquaculture animals shall:

(a) have sufficient space for their wellbeing;

(b) be kept in water of good quality with sufficient oxygen levels, and

(c) be kept in temperature and light conditions in accordance with the requirements of the species and having regard to the geographic location;

(d) in the case of freshwater fish the bottom type shall be as close as possible to natural conditions;

(e) in the case of carp the bottom shall be natural earth.

[F33 2. Stocking density and husbandry practices are set out in Annex XIIIa by species or group of species. In considering the effects of stocking density and husbandry practices on the welfare of farmed fish, the condition of the fish (such as fin damage, other injuries, growth rate, behaviour expressed and overall health) and the water quality shall be monitored.]

3. The design and construction of aquatic containment systems shall provide flow rates and physiochemical parameters that safeguard the animals’ health and welfare and provide for their behavioural needs.

4. Containment systems shall be designed, located and operated to minimize the risk of escape incidents.

5. If fish or crustaceans escape, appropriate action must be taken to reduce the impact on the local ecosystem, including recapture, where appropriate. Documentary evidence shall be maintained.

Textual Amendments

F33 Substituted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

Article 25g U.K. Specific rules for aquatic containment systems

1. Closed recirculation aquaculture animal production facilities are prohibited, with the exception of hatcheries and nurseries or for the production of species used for organic feed organisms.

2. Rearing units on land shall meet the following conditions:

(a) for flow-through systems it shall be possible to monitor and control the flow rate and water quality of both in-flowing and out-flowing water;

(b) at least five percent of the perimeter ( ‘ land-water interface ’ ) area shall have natural vegetation.

3. Containment systems at sea shall:

(a) be located where water flow, depth and water-body exchange rates are adequate to minimize the impact on the seabed and the surrounding water body;

(b) shall have suitable cage design, construction and maintenance with regard to their exposure to the operating environment.

4. Artificial heating or cooling of water shall only be permitted in hatcheries and nurseries. Natural borehole water may be used to heat or cool water at all stages of production.

Article 25h U.K. Management of aquaculture animals

1. Handling of aquaculture animals shall be minimised, undertaken with the greatest care and proper equipment and protocols used to avoid stress and physical damage associated with handling procedures. Broodstock shall be handled in a manner to minimize physical damage and stress and under anaesthesia where appropriate. Grading operations shall be kept to a minimum and as required to ensure fish welfare.

2. The following restrictions shall apply to the use of artificial light:

(a) for prolonging natural day-length it shall not exceed a maximum that respects the ethological needs, geographical conditions and general health of farmed animals, this maximum shall not exceed 16 hours per day, except for reproductive purposes;

(b) Abrupt changes in light intensity shall be avoided at the changeover time by the use of dimmable lights or background lighting.

3. Aeration is permitted to ensure animal welfare and health, under the condition that mechanical aerators are preferably powered by renewable energy sources.

All such use is to be recorded in the aquaculture production record.

4. The use of oxygen is only permitted for uses linked to animal health requirements and critical periods of production or transport, in the following cases:

(a) exceptional cases of temperature rise or drop in atmospheric pressure or accidental pollution,

(b) occasional stock management procedures such as sampling and sorting,

(c) in order to assure the survival of the farm stock.

Documentary evidence shall be maintained.

5. Slaughter techniques shall render fish immediately unconscious and insensible to pain. Differences in harvesting sizes, species, and production sites must be taken into account when considering optimal slaughtering methods.

Section 4 U.K. Breeding

Article 25i U.K. Prohibition of hormones

The use of hormones and hormone derivates is prohibited.

Section 5 U.K. Feed for fish, crustaceans and echinodermes

Article 25j U.K. General rules on feeds

Feeding regimes shall be designed with the following priorities:

(a)

animal health;

(b)

high product quality, including the nutritional composition which shall ensure high quality of the final edible product;

(c)

low environmental impact.

Article 25k U.K. Specific rules on feeds for carnivorous aquaculture animals

1. Feed for carnivorous aquaculture animals shall be sourced with the following priorities:

(a) organic feed products of aquaculture origin;

(b) fish meal and fish oil from organic aquaculture trimmings;

(c) fish meal and fish oil and ingredients of fish origin derived from trimmings of fish already caught for human consumption in sustainable fisheries;

[F26 (d) organic feed materials of plant or animal origin [F33 ;] ]

[F34 (e) feed products derived from whole fish caught in fisheries certified as sustainable under a scheme recognised by the competent authority in line with the principles laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (15) .]

F35 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The feed ration may comprise a maximum of 60 % organic plant products.

4. Astaxanthin derived primarily from organic sources, such as organic crustacean shells may be used in the feed ration for salmon and trout within the limit of their physiological needs. If organic sources are not available natural sources of astaxanthin (such as Phaffia yeast) may be used.

[F34 5. Histidine produced through fermentation may be used in the feed ration for salmonid fish when the feed sources listed in paragraph 1 do not provide a sufficient amount of histidine to meet the dietary needs of the fish and prevent the formation of cataracts.]

Textual Amendments

F26 Substituted by 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.

F33 Substituted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

F34 Inserted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

F35 Deleted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

Article 25l U.K. Specific rules on feeds for certain aquaculture animals

[F36 1. In the grow-out stages, aquaculture animals as referred to in Annex XIIIa, Section 6, Section 7 and Section 9 shall be fed with feed naturally available in ponds and lakes.]

2. Where natural feed resources are not available in sufficient quantities as referred to in paragraph 1, organic feed of plant origin, preferably grown on the farm itself or seaweed may be used. Operators shall keep documentary evidence of the need to use additional feed.

[F33 3. Where natural feed is supplemented according to paragraph 2:

(a) the feed ration of siamese catfish ( Pangasius spp.) as referred to in Section 9 of Annex XIIIa may comprise a maximum of 10 % fishmeal or fish oil derived from sustainable fisheries;

[F31 (b) the feed ration of penaeid shrimps and freshwater prawns ( Macrobrachium spp.) referred to in Section 7 of Annex XIIIa may comprise a maximum of 25 % fishmeal and 10 % fish oil derived from sustainable fisheries. In order to secure the quantitative dietary needs of those shrimps and prawns, organic cholesterol may be used to supplement their diets. Where organic cholesterol is not available, non-organic cholesterol derived from wool, shellfish or other sources may be used. The option to supplement their diet with cholesterol applies both in the grow-out stage and in earlier life stages in nurseries and hatcheries.] ]

Textual Amendments

F31 Substituted by Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending 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 (Text with EEA relevance).

F33 Substituted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

F36 Substituted by Commission Implementing Regulation (EU) 2017/838 of 17 May 2017 amending Regulation (EC) No 889/2008 as regards feed for certain organic aquaculture animals (Text with EEA relevance).

[F34 Article 25la U.K. Specific rules on feeds for organic juveniles

In the larval rearing of organic juveniles, conventional phytoplankton and zooplankton may be used as feed.]

Textual Amendments

F34 Inserted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

Article 25m U.K. Products and substances as referred to in Article 15(1)(d)(iii) of Regulation (EC) No 834/2007

[F26 1. Feed materials of mineral origin may be used in organic aquaculture only if listed in Section 1 of Annex V.]

2. Feed additives, certain products used in animal nutrition and processing aids may be used if listed in Annex VI and the restrictions laid down therein are complied with.

Textual Amendments

F26 Substituted by 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.

Section 6 U.K. Specific rules for molluscs

Article 25n U.K. Growing area

1. Bivalve mollusc farming may be carried out in the same area of water as organic finfish and seaweed farming in a polyculture system to be documented in the sustainable management plan. Bivalve molluscs may also be grown together with gastropod molluscs, such as periwinkles, in polyculture.

2. Organic bivalve mollusc production shall take place within areas delimited by posts, floats or other clear markers and shall, as appropriate, be restrained by net bags, cages or other man made means.

3. Organic shellfish farms shall minimise risks to species of conservation interest. If predator nets are used their design shall not permit diving birds to be harmed.

Article 25o U.K. Sourcing of seed

1. Provided that there is no significant damage to the environment and if permitted by local legislation, wild seed from outside the boundaries of the production unit can be used in the case of bivalve shellfish provided it comes from:

(a) settlement beds which are unlikely to survive winter weather or are surplus to requirements, or

(b) natural settlement of shellfish seed on collectors.

Records shall be kept of how, where and when wild seed was collected to allow traceability back to the collection area.

F37 ...

2. For the cupped oyster, Crassostrea gigas , preference shall be given to stock which is selectively bred to reduce spawning in the wild.

Textual Amendments

F37 Words in Art. 25o(1) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(14); 2020 c. 1, Sch. 5 para. 1(1)

Article 25p U.K. Management

1. Production shall use a stocking density not in excess of that used for non-organic shellfish in the locality. Sorting, thinning and stocking density adjustments shall be made according to the biomass and to ensure animal welfare and high product quality.

2. Biofouling organisms shall be removed by physical means or by hand and where appropriate returned to the sea away from shellfish farms. Shellfish may be treated once during the production cycle with a lime solution to control competing fouling organisms.

Article 25q U.K. Cultivation rules

1. Cultivation on mussel ropes and other methods listed in Annex XIIIa, Section 8 may be eligible for organic production.

2. Bottom cultivation of molluscs is only permitted where no significant environmental impact is caused at the collection and growing sites. The evidence of minimal environmental impact shall be supported by a survey and report on the exploited area to be provided by the operator to the control body or control authority. The report shall be added as a separate chapter to the sustainable management plan.

Article 25r U.K. Specific cultivation rules for oysters

Cultivation in bags on trestles is permitted. These or other structures in which the oysters are contained shall be set out so as to avoid the formation of a total barrier along the shoreline. Stock shall be positioned carefully on the beds in relation to tidal flow to optimise production. Production shall meet the criteria listed in the Annex XIIIa, Section 8.

Section 7 U.K. Disease prevention and veterinary treatment

Article 25s U.K. General rules on disease prevention

1. The animal health management plan in conformity with Article 9 of Directive 2006/88/EC shall detail biosecurity and disease prevention practices including a written agreement for health counselling, proportionate to the production unit, with qualified aquaculture animal health services who shall visit the farm at a frequency of not less than once per year and not less than once every two years in the case of bivalve shellfish.

2. Holding systems, equipment and utensils shall be properly cleaned and disinfected. Only products listed in Annex VII, Sections 2.1 to 2.2 may be used.

3. With regard to fallowing:

(a) The competent authority shall determine whether fallowing is necessary and the appropriate duration which shall be applied and documented after each production cycle in open water containment systems at sea. Fallowing is also recommended for other production methods using tanks, fishponds, and cages;

(b) it shall not be mandatory for bivalve mollusc cultivation;

(c) during fallowing the cage or other structure used for aquaculture animal production is emptied, disinfected and left empty before being used again.

4. Where appropriate, uneaten fish-feed, faeces and dead animals shall be removed promptly to avoid any risk of significant environmental damage as regards water status quality, minimize disease risks, and to avoid attracting insects or rodents.

5. Ultraviolet light and ozone may be used only in hatcheries and nurseries.

[F33 6. For biological control of ectoparasites, preference shall be given to the use of cleaner fish and to the use of freshwater, marine water and sodium chloride solutions.]

Textual Amendments

F33 Substituted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

Article 25t U.K. Veterinary treatments

1. When despite preventive measures to ensure animal health, according to Article 15(1)(f)(i) of Regulation (EC) No 834/2007, a health problem arises, veterinary treatments may be used in the following order of preference:

(a) substances from plants, animals or minerals in a homoeopathic dilution;

(b) plants and their extracts not having anaesthetic effects, and

(c) substances such as: trace elements, metals, natural immunostimulants or authorised probiotics.

2. The use of allopathic treatments is limited to two courses of treatment per year, with the exception of vaccinations and compulsory eradication schemes. However, in the cases of a production cycle of less than a year a limit of one allopathic treatment applies. If the mentioned limits for allopathic treatments are exceeded the concerned aquaculture animals can not be sold as organic products.

3. The use of parasite treatments, not including compulsory control schemes operated [F38 in Great Britain], shall be limited to twice per year or once per year where the production cycle is less than 18 months.

4. The withdrawal period for allopathic veterinary treatments and parasite treatments according to paragraph 3 including treatments under compulsory control and eradication schemes shall be twice the legal withdrawal period as referred to in [F39 paragraph 2 of Schedule 4 to the Veterinary Medicines Regulations 2013] or in a case in which this period in not specified 48 hours.

5. Whenever veterinary medicinal products are used, such use is to be declared to the control body or the control authority before the animals are marketed as organic. Treated stock shall be clearly identifiable.]

Textual Amendments

F38 Words in Art. 25t(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(15)(a) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 25t(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F8 CHAPTER 3 U.K. Preserved and processed products]

[F8 Article 26 U.K. Rules for preserving products and for the production of processed feed and food

1. Operators preserving products or producing processed feed or food shall establish and update appropriate procedures based on a systematic identification of critical processing steps.

The application of those procedures shall guarantee at all times that preserved or processed products comply with the organic production rules.

2. Operators shall comply with and implement the procedures referred to in paragraph 1. In particular, operators shall:

(a) take precautionary measures to avoid the risk of contamination by unauthorised substances or products;

(b) implement suitable cleaning measures, monitor their effectiveness and record those measures;

(c) guarantee that non-organic products are not placed on the market with an indication referring to the organic production method.

3. Where non-organic products are also prepared or stored in the preparation unit concerned, the operator shall:

(a) carry out the operations continuously until the complete run has been dealt with, separated by place or time from similar operations carried out on non-organic products;

(b) store organic products, before and after the operations, separate by place or time from non-organic products;

(c) inform the control authority or control body of the operations referred to in points (a) and (b) and keep available an updated register of all operations and quantities processed;

(d) take the necessary measures to ensure identification of lots and to avoid mixtures or exchanges with non-organic products;

(e) carry out operations on organic products only after suitable cleaning of the production equipment.

4. Additives, processing aids and other substances and ingredients used for processing feed or food and any processing practice applied, such as smoking, shall respect the principles of good manufacturing practice.]

Article 27 U.K. Use of certain products and substances in processing of food

1. [F40 For the purposes of Article 19(2)(b) of Regulation (EC) No 834/2007, only the following substances can be used in the processing of organic food, with the exception of products of the wine sector, for which the provisions of Chapter 3a shall apply:]

(a) substances listed in Annex VIII to this Regulation;

(b) preparations of micro-organisms and enzymes normally used in food processing;[F41 however, enzymes to be used as food additives have to be listed in Annex VIII, Section A;]

[F42 (c) substances and products as defined in Articles 3(2)(b) to (d) of Regulation (EC) No 1334/2008 labelled as natural flavouring substances or natural flavouring preparations, according to Articles 15(1)(e) and 16 of that Regulation;]

(d) colours for stamping meat and eggshells in accordance with [F43 Article 17 and Annex 2 of Regulation (EC) No 1333/2008];

(e) drinking water and salt (with sodium chloride or potassium chloride as basic components) generally used in food processing;

[F31 (f) minerals (trace elements included), vitamins, amino acids and micronutrients, provided that:

(i)

their use in food for normal consumption is ‘ directly legally required ’ , in the meaning of being directly required by provisions of [F44 retained EU law], with the consequence that the food cannot be placed at all on the market as food for normal consumption if those minerals, vitamins, amino acids or micronutrients are not added; or

(ii)

as regards food placed on the market as having particular characteristics or effects in relation to health or nutrition or in relation to needs of specific groups of consumers:

• in products referred to in points (a) and (b) of Article 1(1) of Regulation (EU) No 609/2013 of the European Parliament and of the Council (16) , their use is authorised by that Regulation and acts adopted on the basis of Article 11(1) of that Regulation for the products concerned,

• [F45 — in products regulated by the following regulations, their use is authorised by those regulations:

  (i)

  the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003;

  (ii)

  the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004;

  (iii)

  the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004;]

• [F46 — in products regulated by the following regulations, their use is authorised by those regulations:

  (i)

  the Infant Formula and Follow-on Formula (England) Regulations 2007;

  (ii)

  the Infant Formula and Follow-on Formula (Wales) Regulations 2007;

  (iii)

  the Infant Formula and Follow-on Formula (Scotland) Regulations 2007;]]

2. For the purpose of the calculation referred to in Article 23(4)(a)(ii) of Regulation (EC) No 834/2007,

(a) food additives listed in Annex VIII and marked with an asterisk in the column of the additive code number, shall be calculated as ingredients of agricultural origin;

(b) preparations and substances referred to in paragraph (1)(b),(c),(d),(e) and (f) of this Article and substances not marked with an asterisk in the column of the additive code number shall not be calculated as ingredients of agricultural origin[F27 ;]

[F41 (c ) yeast and yeast products shall be calculated as ingredients of agricultural origin as of 31 December 2013 .]

F47 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41 4 . For the traditional decorative colouring of the shell of boiled eggs produced with the intention to place them on the market at a given period of the year, the competent authority may authorise for the period referred to above, the use of natural colours and natural coating substances. The authorisation [F48 must not allow the use of] synthetic forms of iron oxides and iron hydroxidesF49 ....]

Textual Amendments

F27 Substituted by Commission Regulation (EC) No 1254/2008 of 15 December 2008 amending Regulation (EC) No 889/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control.

F31 Substituted by Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending 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 (Text with EEA relevance).

F40 Substituted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

F41 Inserted by Commission Regulation (EC) No 1254/2008 of 15 December 2008 amending Regulation (EC) No 889/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control.

F42 Art. 27(1)(c) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 27(1)(d) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 27(1)(f)(i) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 27(1)(f)(ii) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(a)(iv)(aa) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(d)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 27(1)(f)(ii) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(a)(iv)(bb) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(d)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F47 Art. 27(3) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 27(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 27(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(16)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F41 Article 27a U.K.

For the purpose of the application of Article 20(1) of Regulation (EC) No 834/2007, the following substances may be used in the production, confection and formulation of yeast:

(a)

substances listed in Annex VIII, Section C to this Regulation;

(b)

products and substances referred to in Article 27(1)(b) and (e) of this Regulation.]

Textual Amendments

F41 Inserted by Commission Regulation (EC) No 1254/2008 of 15 December 2008 amending Regulation (EC) No 889/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control.

Article 28 U.K. Use of certain non-organic ingredients of agricultural origin in processing food

For the purpose of Article 19(2)(c) of Regulation (EC) No 834/2007, non-organic agricultural ingredients listed in Annex IX to this Regulation can be used in the processing of organic food.

Article 29 U.K. Authorisation of non-organic food ingredients of agricultural origin F50 ...

1. Where an ingredient of agricultural origin is not included in Annex IX to this Regulation, that ingredient may only be used under the following conditions:

(a) the operator has notified to the competent authority F51 ... all the requisite evidence showing that the ingredient concerned is not produced in sufficient quantity in [F52 Great Britain] in accordance with the organic production rules or cannot be imported from third countries;

(b) the competent authority F53 ... has provisionally authorised, the use for a maximum period of 12 months after having verified that the operator has undertaken the necessary contacts with suppliers F54 ... to ensure himself of the unavailability of the ingredients concerned with the required quality requirements;

(c) no decision has been taken, in accordance with the provisions of paragraphs 3 or 4 that a granted authorisation with regard to the ingredient concerned shall be withdrawn.

[F55 Nothing in this Regulation prevents the relevant authority from using any power the authority has to prolong the authorisation provided for in point (b) for a period of 12 months on a maximum of three occasions.]

F56 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Words in Art. 29 heading omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(a); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 29(1)(a) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 29(1)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(i)(bb) (as substituted by S.I. 2020/1400, regs. 1(b), 3(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F53 Words in Art. 29(1)(b) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 29(1)(b) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 29(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F56 Art. 29(2)-(5) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F4 Article 29a U.K. Specific provisions for seaweed

1. If the final product is fresh seaweed, flushing of freshly harvested seaweed shall use seawater.

If the final product is dehydrated seaweed, potable water may also be used for flushing. Salt may be used for removal of moisture.

2. The use of direct flames which come in direct contact with the seaweed shall be prohibited for drying. If ropes or other equipment are used in the drying process they shall be free of anti-fouling treatments and cleaning or disinfection substances except where a product is listed in Annex VII for this use.]

Textual Amendments

F4 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

[F57 CHAPTER 3a U.K. Specific rules for the making of wine

Article 29b U.K. Scope

1. This Chapter lays down specific rules for the organic production of the products of the wine sector as referred to in Article 1(1)(l) of Council Regulation (EC) No 1234/2007 (17) .

2. Commission Regulations (EC) No 606/2009 (18) and (EC) No 607/2009 (19) shall apply, save as explicitly provided otherwise in this Chapter.

Article 29c U.K. Use of certain products and substances

1 . For the purposes of Article 19(2)(a) of Regulation (EC) No 834/2007, products of the wine sector shall be produced from organic raw material.

2 . For the purposes of Article 19(2)(b) of Regulation (EC) No 834/2007, only products and substances listed in Annex VIIIa to this Regulation can be used for the making of products of the wine sector, including during the processes and oenological practices, subject to the conditions and restrictions laid down in [F58 Regulation (EU) No 1308/2013] and Regulation (EC) No 606/2009 and in particular in Annex I A to that Regulation.

3 . Products and substances listed in Annex VIIIa to this Regulation and marked with an asterisk, derived from organic raw material, shall be used if available.

Textual Amendments

F58 Words in Art. 29c(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(18); 2020 c. 1, Sch. 5 para. 1(1)

Article 29d U.K. Oenological practices and restrictions

1. Without prejudice to Article 29c and to specific prohibitions and restrictions provided for in paragraphs 2 to 5 of this Article, only oenological practices, processes and treatments, including the restrictions provided for in [F59 Articles 80 and 83(2) of Regulation (EU) No 1308/2013] and in Articles 3, 5 to 9 and 11 to 14 of Regulation (EC) No 606/2009 and in their Annexes, used before 1 August 2010 are permitted.

2. The use of the following oenological practices, processes and treatments is prohibited:

(a) partial concentration through cooling according to point (c) of Section B.1 of [F60 Part 1 of Annex 8 to Regulation (EU) No 1308/2013];

(b) elimination of sulphur dioxide by physical processes according to point 8 of Annex I A to Regulation (EC) No 606/2009;

(c) electrodialysis treatment to ensure the tartaric stabilisation of the wine according to point 36 of Annex I A to Regulation (EC) No 606/2009;

(d) partial dealcoholisation of wine according to point 40 of Annex I A to Regulation (EC) No 606/2009;

(e) treatment with cation exchangers to ensure the tartaric stabilisation of the wine according to point 43 of Annex I A to Regulation (EC) No 606/2009.

3. The use of the following oenological practices, processes and treatments is permitted under the following conditions:

(a) for heat treatments according to point 2 of Annex I A to Regulation (EC) No 606/2009, the temperature shall not exceed 70 °C;

(b) for centrifuging and filtration with or without an inert filtering agent according to point 3 of Annex I A to Regulation (EC) No 606/2009, the size of the pores shall be not smaller than 0,2 micrometer.

F61 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Any amendment introduced after 1 August 2010 , as regards the oenological practice, processes and treatments provided for in [F62 Regulation (EU) No 1308/2013] or Regulation (EC) No 606/2009, may be applicable in the organic production of wine only after the adoption of the measures necessary for the implementation of the production rules provided for in Article 19(3) of Regulation (EC) No 834/2007 and, if required, an evaluation process according to Article 21 of that Regulation.]

Textual Amendments

F59 Words in Art. 29d(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 29d(2)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F61 Art. 29d(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(19)(c); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 29d(5) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(19)(d); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F57 Inserted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

CHAPTER 4 U.K. Collection, packaging, transport and storage of products

Article 30 U.K. Collection of products and transport to preparation units

Operators may carry out simultaneous collection of organic and non-organic products, only where appropriate measures are taken to prevent any possible mixture or exchange with non-organic products and to ensure the identification of the organic products. The operator shall keep the information relating to collection days, hours, circuit and date and time of reception of the products available to the control body or control authority.

Article 31 U.K. Packaging and transport of products to other operators or units

1. Operators shall ensure that organic products are transported to other units, including wholesalers and retailers, only in appropriate packaging, containers or vehicles closed in such a manner that substitution of the content cannot be achieved without manipulation or damage of the seal and provided with a label stating, without prejudice to any other indications required by law:

(a) the name and address of the operator and, where different, of the owner or seller of the product;

(b) the name of the product or a description of the compound feedingstuff accompanied by a reference to the organic production method;

(c) the name and/or the code number of the control body or authority to which the operator is subject; and

(d) where relevant, the lot identification mark according to a marking system either approved at national level or agreed with the control body or authority and which permits to link the lot with the accounts referred to in Article 66.

The information referred to in points (a) to (d) of the first subparagraph may also be presented on an accompanying document, if such a document can be undeniably linked with the packaging, container or vehicular transport of the product. This accompanying document shall include information on the supplier and/or the transporter.

2. The closing of packaging, containers or vehicles shall not be required where:

(a) transportation is direct between an operator and another operator who are both subject to the organic control system, and

(b) the products are accompanied by a document giving the information required under paragraph 1, and

(c) both the expediting and the receiving operators shall keep documentary records of such transport operations available for the control body or control authority of such transport operations.

Article 32 U.K. Special rules for transporting feed to other production/preparation units or storage premises

In addition to the provisions of Article 31, when transporting feed to other production or preparation units or storage premises, operators shall ensure that the following conditions are met:

(a)

during transport, organically-produced feed, in-conversion feed, and non-organic feed shall be effectively physically separated;

(b)

the vehicles and/or containers which have transported non-organic products are used to transport organic products provided that:

(i)

suitable cleaning measures, the effectiveness of which has been checked, have been carried out before commencing the transport of organic products; operators shall record these operations,

(ii)

all appropriate measures are implemented, depending on the risks evaluated in accordance with Article 88(3) and, where necessary, operators shall guarantee that non-organic products cannot be placed on the market with an indication referring to organic production,

(iii)

the operator shall keep documentary records of such transport operations available for the control body or control authority;

(c)

the transport of finished organic feed shall be separated physically or in time from the transport of other finished products;

(d)

during transport, the quantity of products at the start and each individual quantity delivered in the course of a delivery round shall be recorded.

[F4 Article 32a U.K. Transport of live fish

1. Live fish shall be transported in suitable tanks with clean water which meets their physiological needs in terms of temperature and dissolved oxygen.

2. Before transport of organic fish and fish products, tanks shall be thoroughly cleaned, disinfected and rinsed.

3. Precautions shall be taken to reduce stress. During transport, the density shall not reach a level which is detrimental to the species.

4. Documentary evidence shall be maintained for paragraphs 1 to 3.]

Textual Amendments

F4 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

Article 33 U.K. Reception of products from other units and other operators

On receipt of an organic product, the operator shall check the closing of the packaging or container where it is required and the presence of the indications provided to in Article 31.

The operator shall crosscheck the information on the label referred to in Article 31 with the information on the accompanying documents. The result of these verifications shall be explicitly mentioned in the documentary accounts referred to in Article 66.

Article 34 U.K. Special rules for the reception of products from a third country

Organic products shall be imported from a third country in appropriate packaging or containers, closed in a manner preventing substitution of the content and provided with identification of the exporter and with any other marks and numbers serving to identify the lot and with the certificate of control for import from third countries as appropriate.

On receipt of an organic product, imported from a third country, the first consignee shall check the closing of the packaging or container and, in the case of products imported in accordance with Article 33 of Regulation (EC) No 834/2007, shall check that the certificate mentioned in that Article covers the type of product contained in the consignment. The result of this verification shall be explicitly mentioned in the documentary accounts referred to in Article 66 of this Regulation.

[F63 The requirement to provide a certificate of inspection for import applies to organic products entering the United Kingdom from the European Union, an EEA state or Switzerland only on and after 1st January 2021.]

Textual Amendments

F63 Words in Art. 34 inserted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(20); 2020 c. 1, Sch. 5 para. 1(1)

Article 35 U.K. Storage of products

1. For the storage of products, areas shall be managed in such a way as to ensure identification of lots and to avoid any mixing with or contamination by products and/or substances not in compliance with the organic production rules. Organic products shall be clearly identifiable at all times.

[F1 2. In case of organic plant, seaweed, livestock and aquaculture animal production units, storage of input products other than those authorised under this Regulation is prohibited in the production unit.

3. The storage of allopathic veterinary medicinal products and antibiotics is permitted on holdings provided that they have been prescribed by a veterinarian in connection with treatment as referred to in Articles 14(1)(e)(ii) or 15(1)(f)(ii) of Regulation (EC) No 834/2007, that they are stored in a supervised location and that they are entered in the livestock record as referred to in Article 76 of this Regulation, or as appropriate, in the aquaculture production records as referred to in Article 79b of this Regulation.]

4. In case where operators handle both non-organic products and organic products and the latter are stored in storage facilities in which also other agricultural products or foodstuffs are stored:

(a) the organic products shall be kept separate from the other agricultural products and/or foodstuffs;

(b) every measure shall be taken to ensure identification of consignments and to avoid mixtures or exchanges with non-organic products;

(c) suitable cleaning measures, the effectiveness of which has been checked, have been carried out before the storage of organic products; operators shall record these operations.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

CHAPTER 5 U.K. Conversion rules

Article 36 U.K. Plant and plant products

1. For plants and plant products to be considered organic, the production rules as referred to in Articles 9, 10, 11 and 12 of Regulation (EC) No 834/2007 and Chapter 1 of this Regulation and where applicable the exceptional production rules in Chapter 6 of this Regulation must have been applied on the parcels during a conversion period of at least two years before sowing, or, in the case of grassland or perennial forage, at least two years before its use as feed from organic farming, or, in the case of perennial crops other than forage, at least three years before the first harvest of organic products.

2. The competent authority may decide to recognise retroactively as being part of the conversion period any previous period in which:

(a) the land parcels were subject of measures defined in a programme implemented pursuant to [F64 Regulation (EU) No 1305/2013], or in another official programme, provided that the measures concerned ensure that products not authorised for organic production have not been used on those parcels, or

(b) the parcels were natural or agricultural areas which were not treated with products not authorised for organic production.

The period referred to in point (b) of the first subparagraph can be taken into consideration retroactively only where satisfactory proof has been furnished to the competent authority allowing it to satisfy itself that the conditions were met for a period of at least three years.

3. The competent authority may decide, in certain cases, where the land had been contaminated with products not authorised for organic production, to extend the conversion period beyond the period referred to in paragraph 1.

4. In the case of parcels which have already been converted to or were in the process of conversion to organic farming, and which are treated with a product not authorised for organic production, the [F65 relevant authority] may shorten the conversion period referred to in paragraph 1 in the following two cases:

(a) parcels treated with a product not authorised for organic production as part of a compulsory disease or pest control measure imposed by the competent authority F66 ...;

(b) parcels treated with a product not authorised for organic production as part of scientific tests approved by the competent authority F67 ....

In the cases provided for in points (a) and (b) of the first subparagraph, the length of the conversion period shall be fixed taking into account of the following factors:

(a) the process of degradation of the product concerned shall guarantee, at the end of the conversion period, an insignificant level of residues in the soil and, in the case of a perennial crop, in the plant;

(b) the harvest following the treatment may not be sold with reference to organic production methods.

F68 ...

Textual Amendments

F64 Words in Art. 36(2)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 36(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(21)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 36(4)(a) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(21)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F67 Words in Art. 36(4)(b) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(21)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 36(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(21)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F4 Article 36a U.K. Seaweed

1. The conversion period for a seaweed harvesting site shall be six months.

2. The conversion period for a seaweed cultivation unit shall be the longer of six months or one full production cycle.]

Textual Amendments

F4 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

Article 37 U.K. Specific conversion rules for land associated with organic livestock production

1. The conversion rules as referred to in Article 36 of this Regulation shall apply to the whole area of the production unit on which animal feed is produced.

2. Notwithstanding the provisions in paragraph 1, the conversion period may be reduced to one year for pasturages and open air areas used by non-herbivore species. This period may be reduced to six months where the land concerned has not during the last year, received treatments with products not authorised for organic production.

Article 38 U.K. Livestock and livestock products

1. Where non-organic livestock has been brought onto a holding in accordance with Article 14(1)(a)(ii) of Regulation (EC) No 834/2007 and Article 9 and/or Article 42 of this Regulation and if livestock products are to be sold as organic products, the production rules as referred to in Articles 9, 10, 11 and 14 of Regulation (EC) No 834/2007 and in Chapter 2 of Title II and where applicable in Article 42 of this Regulation must have been applied for at least:

(a) 12 months in the case of equidae and bovines, including bubalus and bison species, for meat production, and in any case at least three quarters of their lifetime;

(b) six months in the case of small ruminants and pigs and animals for milk production;

(c) 10 weeks for poultry for meat production, brought in before they are three days old;

(d) six weeks in the case of poultry for egg production.

2. Where non-organic animals exist on a holding at the beginning of the conversion period in accordance with Article 14(1)(a)(iii) of Regulation (EC) No 834/2007 their products may be deemed organic if there is simultaneous conversion of the complete production unit, including livestock, pasturage and/or any land used for animal feed. The total combined conversion period for both existing animals and their offspring, pasturage and/or any land used for animal feed, may be reduced to 24 months, if the animals are mainly fed with products from the production unit.

3. Beekeeping products can be sold with references to the organic production method only when the organic production rules have been complied with for at least one year.

4. The conversion period for apiaries does not apply in the case of application of Article 9(5) of this Regulation.

5. During the conversion period the wax shall be replaced with wax coming from organic beekeeping.

[F4 Article 38a U.K. Aquaculture animal production

1. The following conversion periods for aquaculture production units shall apply for the following types of aquaculture facilities including the existing aquaculture animals:

(a) for facilities that cannot be drained, cleaned and disinfected, a conversion period of 24 months;

(b) for facilities that have been drained, or fallowed, a conversion period of 12 months;

(c) for facilities that have been drained, cleaned and disinfected a conversion period of six months;

(d) for open water facilities including those farming bivalve molluscs, a three month conversion period.

2. The competent authority may decide to recognize retroactively as being part of the conversion period any previously documented period in which the facilities were not treated or exposed to products not authorized for organic production.]

Textual Amendments

F4 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

CHAPTER 6 U.K. Exceptional production rules

Section 1 U.K. Exceptional production rules related to climatic, geographical or structural constraints in accordance with Article 22(2)(a) of Regulation (EC) No 834/2007

Article 39 U.K. Tethering of animals

Where the conditions laid down in Article 22(2)(a) of Regulation (EC) No 834/2007 apply, competent authorities may authorise cattle in small holdings to be tethered if it is not possible to keep the cattle in groups appropriate to their behaviour requirements, provided they have access to pastures during the grazing period according to Article 14(2), and at least twice a week access to open air areas when grazing is not possible.

Article 40 U.K. Parallel production

1. Where the conditions laid down in Article 22(2)(a) of Regulation (EC) No 834/2007 apply, a producer may run organic and non-organic production units in the same area:

(a) in the case of the production of perennial crops, which require a cultivation period of at least three years, where varieties cannot be easily differentiated, provided the following conditions are met:

(i)

the production in question forms part of a conversion plan in respect of which the producer gives a firm undertaking and which provides for the beginning of the conversion of the last part of the area concerned to organic production in the shortest possible period which may not in any event exceed a maximum of five years;

(ii)

appropriate measures have been taken to ensure the permanent separation of the products obtained from each unit concerned;

(iii)

the control authority or control body is notified of the harvest of each of the products concerned at least 48 hours in advance;

(iv)

upon completion of the harvest, the producer informs the control authority or control body of the exact quantities harvested on the units concerned and of the measures applied to separate the products;

(v)

the conversion plan and the control measures referred to in Chapter 1 and 2 of Title IV have been approved by the competent authority; this approval shall be confirmed each year after the start of the conversion plan;

(b) in the case of areas intended for agricultural research or formal education agreed by the [F69 competent authority] and provided the conditions set out in point (a)(ii)(iii)(iv) and the relevant part of point (v) are met;

(c) in the case of production of seed, vegetative propagating material and transplants and provided the conditions set out in point (a)(ii)(iii)(iv) and the relevant part of point (v) are met;

(d) in the case of grassland exclusively used for grazing.

2. The competent authority may authorise holdings carrying out agricultural research or formal education to rear organic and non-organic livestock of the same species, where the following conditions are met:

(a) appropriate measures, notified in advance to the control authority or control body, have been taken in order to guarantee the permanent separation between livestock, livestock products, manure and feedingstuffs of each of the units;

(b) the producer informs the control authority or control body in advance of any delivery or selling of the livestock or livestock products;

(c) the operator informs the control authority or control body of the exact quantities produced in the units together with all characteristics permitting the identification of the products and confirms that the measures taken to separate the products have been applied.

Textual Amendments

F69 Words in Art. 40(1)(b) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(22); 2020 c. 1, Sch. 5 para. 1(1)

Article 41 U.K. Management of beekeeping units for the purpose of pollination

Where the conditions laid down in Article 22(2)(a) of Regulation (EC) No 834/2007 apply, for the purpose of pollination actions an operator may run organic and non-organic beekeeping units on the same holding, provided that all the requirements of the organic production rules are fulfilled, with the exception of the provisions for the siting of the apiaries. In that case the product cannot be sold as organic.

The operator shall keep documentary evidence of the use of this provision.

Section 2 U.K. Exceptional production rules related to non-availability of organic farm inputs in accordance with Article 22(2)(b) of Regulation (EC) No 834/2007

Article 42 U.K. Use of non-organic animals

Where the conditions laid down in Article 22(2)(b) of Regulation (EC) No 834/2007 apply, and with prior authorisation of the competent authority,

(a)

when a flock is constituted for the first time, renewed or reconstituted and organically reared poultry are not available in sufficient numbers, non-organically reared poultry may be brought into an organic poultry production unit, provided that the pullets for the production of eggs and poultry for meat production are less than three days old;

(b)

non-organically reared pullets for egg production of not more than 18 weeks may be brought into an organic livestock unit until [F70 31 December 2022], when organically reared pullets are not available and provided that the relevant provisions laid down in Section 3 and 4 of Chapter 2 are complied with.

Textual Amendments

F70 Words in Art. 42(b) substituted (20.4.2022) by The Organic Production (Amendment) Regulations 2022 (S.I. 2022/360), regs. 1(1), 2(2)

[F26 Article 43 U.K. Use of non-organic protein feed of plant and animal origin for livestock

Where the conditions laid down in Article 22(2)(b) of Regulation (EC) No 834/2007 apply and where farmers are unable to obtain protein feed exclusively from organic production, the use of a limited proportion of non-organic protein feed is allowed for porcine and poultry species.

[F31 The maximum percentage of non-organic protein feed authorised per period of 12 months for those species shall be 5 % for calendar years [F71 2021 and 2022].]

The figures shall be calculated annually as a percentage of the dry matter of feed from agricultural origin.

The operator shall keep documentary evidence of the need for the use of this provision.]

Textual Amendments

F26 Substituted by 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.

F31 Substituted by Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending 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 (Text with EEA relevance).

F71 Words in Art. 43 substituted (31.12.2020) by The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1400), regs. 1(a), 2(2)

Article 44 U.K. Use of non-organic beeswax

In the case of new installations or during the conversion period, non-organic beeswax may be used only

(a)

where beeswax from organic beekeeping is not available on the market;

(b)

where it is proven free of contamination by substances not authorised for organic production; and

(c)

provided that it comes from the cap.

Article 45 U.K. Use of seed or vegetative propagating material not obtained by the organic production method

1. Where the conditions laid down in Article 22(2)(b) of Regulation (EC) No 834/2007 apply,

(a) seed and vegetative propagating material from a production unit in conversion to organic farming may be used,

(b) where point (a) is not applicable, [F72 nothing in this Regulation prevents the relevant authority from using any power the authority has to] authorise the use of non-organic seed or vegetative propagating material if not available from organic production. However, for the use of non-organic seed and seed potatoes the following paragraphs (2) to (9) apply.

2. Non-organic seed and seed potatoes may be used, provided that the seed or seed potatoes are not treated with plant protection products, other than those authorised for treatment of seed in accordance with Article 5(1), unless chemical treatment is prescribed in accordance with [F73 the following legislation] for phytosanitary purposes by the competent authority F74 ... for all varieties of a given species in the area where the seed or seed potatoes are [F75 to be used—

(a) in respect of England, the Plant Health (England) Order 2015;

(b) in respect of Wales, the Plant Health (Wales) Order 2018;

(c) in respect of Scotland, the Plant Health (Scotland) Order 2005].

3. Species for which it is established that organically produced seed or seed potatoes are available in sufficient quantities and for a significant number of varieties F76 ... are set out in Annex X.

The species listed in Annex X may not be subject of authorisations pursuant to paragraph 1(b), unless these are justified by one of the purposes referred to in paragraph 5(d).

4. [F77 Nothing in this Regulation prevents the relevant authority from using any power the authority has to] delegate the responsibility for granting the authorisation referred to in paragraph 1(b) F78 ... to the control authorities or control bodies referred to in Article 27 of Regulation (EC) No 834/2007.

5. Authorisation to use seed or seed potatoes not obtained by the organic production method may only be granted in the following cases:

(a) where no variety of the species which the user wants to obtain is registered in the database referred to in Article 48;

(b) where no supplier, meaning an operator who markets seed or seed potatoes to other operators, is able to deliver the seed or seed potatoes before sowing or planting in situations where the user has ordered the seed or seed potatoes in reasonable time;

(c) where the variety which the user wants to obtain is not registered in the database referred to in Article 48, and the user is able to demonstrate that none of the registered alternatives of the same species are appropriate and that the authorisation therefore is significant for his production;

(d) where it is justified for use in research, test in small-scale field trials or for variety conservation purposes [F79 as agreed by the competent authority].

6. The authorisation shall be granted before the sowing of the crop.

7. The authorisation shall be granted only to individual users for one season at a time and the authority or body responsible for the authorisations shall register the quantities of seed or seed potatoes authorised.

8. [F80 Nothing in this Regulation prevents the relevant authority from using any power the authority has to grant all users, by way of a derogation from paragraph 7, a general authorisation]:

(a) for a given species when and in so far as the condition laid down in paragraph 5(a) is fulfilled;

(b) for a given variety when and in so far as the conditions laid down in paragraph 5(c) are fulfilled.

The authorisations referred to in the first subparagraph shall be clearly indicated in the database referred to in Article 48.

9. Authorisation may only be granted during periods for which the database is updated in accordance with Article 49(3).

Textual Amendments

F72 Words in Art. 45(1)(b) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Art. 45(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F74 Words in Art. 45(2) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 45(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(b)(iii) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F76 Words in Art. 45(3) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(c); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 45(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Art. 45(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F79 Words in Art. 45(5)(d) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(e); 2020 c. 1, Sch. 5 para. 1(1)

F80 Words in Art. 45(8) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(f); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Exceptional production rules related to specific management problems in organic livestock in accordance with Article 22(2)(d) of Regulation (EC) No 834/2007

Article 46 U.K. Specific management problems in organic livestock

The final fattening phase of adult bovines for meat production may take place indoors, provided that this indoors period does not exceed one fifth of their lifetime and in any case for a maximum period of three months.

[F41 Section 3a U.K. Exceptional production rules with regard to the use of specific products and substances in the processing in accordance with Article 22(2)(e) of Regulation (EC) No 834/2007

Article 46a U.K. Addition of non-organic yeast extract

Where the conditions laid down in Article 22(2)(e) of Regulation (EC) No 834/2007 apply, the addition of up to 5 % non-organic yeast extract or autolysate to the substrate (calculated in dry matter) is allowed for the production of organic yeast, where operators are unable to obtain yeast extract or autolysate from organic production.

F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F81 Words in Art. 46a omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(24); 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Exceptional production rules related to catastrophic circumstances in accordance with Article 22(2)(f) of Regulation (EC) No 834/2007

Article 47 U.K. Catastrophic circumstances

[F82 Nothing in this Regulation prevents the relevant authority from using any power the authority has to] authorise on a temporary basis:

(a)

[F12 in the case of high mortality of animals caused by health or catastrophic circumstances, the renewal or reconstitution of the herd or flock with non-organic animals, when organically reared animals are not available and provided that the respective conversion period are applied to the non-organic animals;]

(b)

in case of high mortality of bees caused by health or catastrophic circumstances, the reconstitution of the apiaries with non-organic bees, when organic apiaries are not available;

(c)

the use of non-organic feedingstuffs for a limited period and in relation to a specific area by individual operators, when forage production is lost or when restrictions are imposed, in particular as a result of exceptional meteorological conditions, the outbreak of infectious diseases, the contamination with toxic substances, or as a consequence of fires;

(d)

the feeding of bees with organic honey, organic sugar or organic sugar syrup in case of long lasting exceptional weather conditions or catastrophic circumstances, which hamper the nectar or honeydew production[F40 ;]

(e)

[F57 the use of sulphur dioxide up to the maximum content to be fixed in accordance with the Annex I B to Regulation (EC) No 606/2009 if the exceptional climatic conditions of a given harvest year deteriorate the sanitary status of organic grapes in a specific geographical area because of severe bacterial attacks or fungal attacks, which oblige the winemaker to use more sulphur dioxide than in previous years to obtain a comparable final product [F12 ;]]

(f)

[F83 in the case of high mortality of aquaculture animals caused by circumstances listed in Article 57(1)(a) to (d) of Regulation (EU) No 508/2014 of the European Parliament and of the Council (20) , the renewal or reconstitution of the aquaculture stock with non-organic aquaculture animals, when organically reared animals are not available and provided that at least the latter two thirds of the duration of the production cycle are managed under organic management.]

[F40 Upon approval by the competent authority, the individual operators shall keep documentary evidence of the use of the above exceptions. F84 ...]

Textual Amendments

F12 Substituted by Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending 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 (Text with EEA relevance).

F40 Substituted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

F57 Inserted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

F82 Words in Art. 47 substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(25)(a); 2020 c. 1, Sch. 5 para. 1(1)

F83 Inserted by Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending 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 (Text with EEA relevance).

F84 Words in Art. 47 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 7 U.K. Seed data base

Article 48 U.K. Database

1. [F85 The relevant authority] shall ensure that a computerised database is established for the listing of the varieties for which seed or seed potatoes obtained by the organic production method are available [F86 in Great Britain].

2. The database shall be managed either by the competent authority F87 ... or by an authority or body designated for this purpose by [F88 the relevant authority], hereinafter referred to as ‘manager of the database’. [F89 The relevant authority] may also designate an authority or a private body in another country.

F90 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Words in Art. 48(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(26)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F86 Words in Art. 48(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(26)(a)(ii) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F87 Words in Art. 48(2) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(26)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Art. 48(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(26)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F89 Words in Art. 48(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(26)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F90 Art. 48(3) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(26)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 49 U.K. Registration

1. Varieties for which seed or seed potatoes produced by the organic production method are available shall be registered in the database referred to in Article 48 at the request of the supplier.

2. Any variety which has not been registered in the database shall be considered as unavailable with regard to Article 45(5).

3. [F91 The relevant authority] shall decide in which period of the year the database has to be regularly updated for each species or group of species cultivated on its territory. The database shall hold information with regard to that decision.

Textual Amendments

F91 Words in Art. 49(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(27); 2020 c. 1, Sch. 5 para. 1(1)

Article 50 U.K. Conditions for registration

1. For registration, the supplier shall:

(a) demonstrate that he or the last operator, in cases where the supplier is only dealing with pre-packaged seed or seed potatoes, has been subject to the control system referred to in Article 27 of Regulation (EC) No 834/2007;

(b) demonstrate that the seed or seed potatoes to be placed on the market comply with the general requirements applicable to seed and seed potatoes;

(c) make available all the information required under Article 51 of this Regulation, and undertake to update this information at the request of the manager of the database or whenever such updating is necessary to ensure that the information remains reliable.

2. The manager of the database may, with the approval by the competent authority F92 ..., refuse a supplier's application for registration or delete a previously accepted registration if the supplier does not comply with the requirements set out in paragraph 1.

Textual Amendments

F92 Words in Art. 50(2) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(28); 2020 c. 1, Sch. 5 para. 1(1)

Article 51 U.K. Registered information

1. For each registered variety and for each supplier, the database referred to in Article 48 shall contain at least the following information:

(a) the scientific name of the species and the variety denomination;

(b) the name and contact details of the supplier or his representative;

(c) the area where the supplier can deliver the seed or seed potatoes to the user in the usual time needed for the delivery;

[F93 (d) the country or region in which the variety is tested and approved for the purposes of the GB variety list as defined in the Seeds (National Lists of Varieties) Regulations 2001.]

(e) the date from which the seed or seed potatoes will be available;

(f) the name and/or code number of the control authority or control body in charge of the control of the operator as referred to in Article 27 of Regulation (EC) No 834/2007.

2. The supplier shall immediately inform the manager of the database if any of the registered varieties are no longer available. The amendments shall be recorded in the database.

3. Besides the information specified in paragraph 1, the database shall contain a list of the species listed in Annex X.

Textual Amendments

F93 Art. 51(1)(d) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(29) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(h)); 2020 c. 1, Sch. 5 para. 1(1)

Article 52 U.K. Access to information

1. The information in the database referred to in Article 48 shall be available through the Internet, free of cost, to the users of seed or seed potatoes and to the public. [F94 The relevant authority] may decide that any user who has notified its activity in accordance with Article 28(1)(a) of Regulation (EC) No 834/2007 may obtain, on request, an extract of data concerning one or several groups of species from the database manager.

2. The [F95 relevant authority] shall ensure that all users referred to in paragraph 1 are informed, at least once a year, about the system and how to obtain the information in the database.

Textual Amendments

F94 Words in Art. 52(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(30)(a); 2020 c. 1, Sch. 5 para. 1(1)

F95 Words in Art. 52(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(30)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 53 U.K. Registration fee

Each registration may be subject to the levying of a fee, which shall represent the cost of inserting and maintaining the information in the database referred to in Article 48. The competent authority F96 ... shall approve the amount of the fee charged by the manager of the database.

Textual Amendments

F96 Words in Art. 53 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(31); 2020 c. 1, Sch. 5 para. 1(1)

Article 54 U.K. Annual report

1. The authorities or bodies designated to grant authorisations in accordance with Article 45 shall register all authorisations, and shall make this information available in a report to the competent authority F97 ... and to the manager of the database.

The report shall contain, for each species concerned by an authorisation according to Article 45(5), the following information:

(a) the scientific name of the species and the variety denomination;

(b) the justification for the authorisation indicated by a reference to Article 45(5)(a), (b), (c) or (d);

(c) the total number of authorisations;

(d) the total quantity of seed or seed potatoes involved;

(e) the chemical treatment for phytosanitary purposes, as referred to in Article 45(2).

2. For authorisations according to Article 45(8) the report shall contain the information referred to in point (a) of the second subparagraph of paragraph 1 of this Article and the period for which the authorisations were in force.

Textual Amendments

F97 Words in Art. 54(1) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(32); 2020 c. 1, Sch. 5 para. 1(1)

F98 Article 55 U.K. Summary report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98 Art. 55 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(33); 2020 c. 1, Sch. 5 para. 1(1)

F99 Article 56 U.K. Information upon request

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Art. 56 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(33); 2020 c. 1, Sch. 5 para. 1(1)

TITLE III U.K. LABELLING

CHAPTER 1 U.K. [F100 Organic production logoF101 ...]

F102 Article 57 U.K. Organic logo of the EU

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Art. 57 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(35); 2020 c. 1, Sch. 5 para. 1(1)

Article 58 U.K. Conditions for the use of the code number and place of origin

1. The indication of the code number of the control authority or control body referred to in Article 24(1)(a) of Regulation (EC) 834/2007 shall,

(a) start with the acronym identifying [F103 the product as originating from the United Kingdom or the third country], as referred to in the international standard for the two letter country codes under ISO 3166 (Codes for the representation of names of countries and their subdivisions);

[F100 (b) include a term which establishes a link with the organic production method, as referred to in Article 23(1) of Regulation (EC) No 834/2007 in accordance with Part B(2) of Annex XI to this Regulation;

(c) include a reference number to be decided by F104 ... the competent authority F105 ... in accordance with Part B(3) of Annex XI to this Regulation; F106 ...

F107 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

2. The indication of the place where the agricultural raw materials of which the products is composed have been farmed, as referred to in Article 24(1)(c) of Regulation (EC) 834/2007, shall be placed immediately below the code number referred to in paragraph 1.

Textual Amendments

F103 Words in Art. 58(1)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(36)(a); 2020 c. 1, Sch. 5 para. 1(1)

F104 Words in Art. 58(1)(c) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(36)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F105 Words in Art. 58(1)(c) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(36)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F106 Word in Art. 58(1)(c) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(36)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F107 Art. 58(1)(d) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(36)(c); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F100 Substituted by Commission Regulation (EU) No 271/2010 of 24 March 2010 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards the organic production logo of the European Union.

F101 Words in Title 3 Ch. 1 heading omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(34); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 2 U.K. Specific labelling requirements for feed

[F26 Article 59 U.K. Scope, use of trade marks and sales descriptions

This Chapter shall not apply to pet food and feed for fur animals.

The trade marks and sales descriptions bearing an indication referred to in Article 23(1) of Regulation (EC) No 834/2007 may be used only if all ingredients of plant or animal origin are from the organic production method and at least 95 % of the product’s dry matter is comprised of such ingredients.

Textual Amendments

F26 Substituted by 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.

Article 60 U.K. Indications on processed feed

1. The terms referred to in Article 23(1) of Regulation (EC) No 834/2007 F108 ... may be used on processed feed provided that all the following requirements are complied with:

(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.

2. Subject to the requirements laid down in points (a) and (b) of paragraph 1, the following statement is permitted 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 products as referred to in Article 22 of this Regulation:

‘ may be used in organic production in accordance with Regulations (EC) No 834/2007 and (EC) No 889/2008 ’ .]

Textual Amendments

F26 Substituted by 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.

F108 Words in Art. 60(1) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(37); 2020 c. 1, Sch. 5 para. 1(1)

Article 61 U.K. Conditions for the use of indications on processed feed

1. The indication provided for in Article 60 shall be:

(a) separate from the wording referred to in [F109 Article 11 of Regulation (EC) No 767/2009];

(b) presented in a colour, format or character font that does not draw more attention to it than to the description or name of the animal feedingstuff referred to in [F110 Regulation (EC) No 767/2009];

(c) 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 percentage of feed material(s) not covered by points (i) and (ii);

(iv)

to the total percentage of animal feed of agricultural origin;

(d) accompanied by a list of names of feed materials from the organic production method;

(e) accompanied by a list of names of feed materials from products in conversion to organic production.

2. The indication provided for in Article 60 may be also accompanied by a reference to the requirement to use the feedingstuffs in accordance with Articles 21 and 22.

Textual Amendments

F109 Words in Art. 61(1)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(38)(a); 2020 c. 1, Sch. 5 para. 1(1)

F110 Words in Art. 61(1)(b) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(38)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 3 U.K. Other specific labelling requirements

Article 62 U.K. In-conversion products of plant origin

In-conversion products of plant origin may bear the indication ‘product under conversion to organic farming’ provided that:

(a)

a conversion period of at least 12 months before the harvest has been complied with;

(b)

the indication shall appear in a colour, size and style of lettering which is not more prominent than the sales description of the product, the entire indication shall have the same size of letters;

(c)

the product contains only one crop ingredient of agricultural origin;

(d)

the indication is linked to the code number of the control body or control authority as referred to in Article 27(10) of Regulation 834/2007.

TITLE IV U.K. CONTROLS

CHAPTER 1 U.K. Minimum control requirements

Article 63 U.K. Control arrangements and undertaking by the operator

1. When the control arrangements are first implemented, the operator shall draw up and subsequently maintain:

(a) a full description of the unit and/or premises and/or activity;

(b) all the practical measures to be taken at the level of the unit and/or premises and/or activity to ensure compliance with the organic production rules;

(c) the precautionary measures to be taken in order to reduce the risk of contamination by unauthorised products or substances and the cleaning measures to be taken in storage places and throughout the operator's production chain[F111 ;]

[F112 (d) the specific characteristics of the production method used, where the operator intends to request documentary evidence in accordance with Article 68(2).]

Where appropriate, the description and measures provided for in the first subparagraph may be part of a quality system as set up by the operator.

2. The description and the measures referred to in paragraph 1 shall be contained in a declaration, signed by the responsible operator. In addition, this declaration shall include an undertaking by the operator:

(a) to perform the operations in accordance with the organic production rules;

(b) to accept, in the event of infringement or irregularities, the enforcement of the measures of the organic production rules;

(c) to undertake to inform in writing the buyers of the product in order to ensure that the indications referring to the organic production method are removed from this production[F5 ;]

[F6 (d) to accept, in cases where the operator and/or the subcontractors of that operator are checked by different control authorities or control bodies F113 ..., the exchange of information between those authorities or bodies;

(e) to accept, in cases where the operator and/or the subcontractors of that operator change their control authority or control body, the transmission of their control files to the subsequent control authority or control body;

(f) to accept, in cases where the operator withdraws from the control system, to inform without delay the relevant competent authority and control authority or control body;

(g) to accept, in cases where the operator withdraws from the control system, that the control file is kept for a period of at least five years;

(h) to accept to inform the relevant control authority or authorities or control body or bodies without delay of any irregularity or infringement affecting the organic status of their product or organic products received from other operators or subcontractors.]

The declaration provided for in the first subparagraph shall be verified by the control body or control authority that issues a report identifying the possible deficiencies and non-compliances with the organic production rules. The operator shall countersign this report and take the necessary corrective measures.

3. For the application of Article 28(1) of Regulation (EC) No 834/2007 the operator shall notify the following information to the competent authority:

(a) Name and address of operator;

(b) Location of premises and, where appropriate, parcels (land register data) where operations are carried out;

(c) Nature of operations and products;

(d) Undertaking by the operator to carry out the operation in accordance with the provision laid down in Regulation (EC) No 834/2007 and this Regulation;

(e) In the case of an agricultural holding, the date on which the producer ceased to apply products not authorised for organic production on the parcels concerned;

(f) The name of the approved body to which the operator entrusted control of his undertaking, where [F114 that body is approved in accordance with the control system].

Textual Amendments

F5 Substituted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F6 Inserted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F111 Substituted by Commission Implementing Regulation (EU) No 126/2012 of 14 February 2012 amending Regulation (EC) No 889/2008 as regards documentary evidence and amending Regulation (EC) No 1235/2008 as regards the arrangements for imports of organic products from the United States of America (Text with EEA relevance).

F112 Inserted by Commission Implementing Regulation (EU) No 126/2012 of 14 February 2012 amending Regulation (EC) No 889/2008 as regards documentary evidence and amending Regulation (EC) No 1235/2008 as regards the arrangements for imports of organic products from the United States of America (Text with EEA relevance).

F113 Words in Art. 63(2)(d) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(39)(a); 2020 c. 1, Sch. 5 para. 1(1)

F114 Words in Art. 63(3)(f) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(39)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 64 U.K. Modification of control arrangements

The operator responsible shall notify any change in the description or of the measures referred to in Article 63 and in the initial control arrangements set out in Articles 70, 74, 80, 82, 86 and 88 to the control authority or control body in due time.

Article 65 U.K. Control visits

1. The control authority or control body shall carry out at least once a year a physical inspection of all operators.

[F5 2. The control authority or control body shall take and analyse samples for detecting of products not authorised for organic production, for checking production techniques not in conformity with the organic production rules or for detecting possible contamination by products not authorised for organic production. The number of samples to be taken and analysed by the control authority or control body every year shall correspond to at least 5 % of the number of operators under its control. The selection of the operators where samples have to be taken shall be based on the general evaluation of the risk of non-compliance with the organic production rules. This general evaluation shall take into account all stages of production, preparation and distribution.

The control authority or control body shall take and analyse samples in each case where the use of products or techniques not authorised for organic production is suspected. In such cases no minimum number of samples to be taken and analysed shall apply.

Samples may also be taken and analysed by the control authority or control body in any other case for detecting of products not authorised for organic production, for checking production techniques not in conformity with the organic production rules or for detecting possible contamination by products not authorised for organic production.]

3. A control report shall be drawn up after each visit, countersigned by the operator of the unit or his representative.

4. Moreover, the control authority or control body shall carry out random control visits, primarily unannounced, based on the general evaluation of the risk of non-compliance with the organic production rules, taking into account at least the results of previous controls, the quantity of products concerned and the risk for exchange of products.

Textual Amendments

F5 Substituted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

Article 66 U.K. Documentary accounts

1. Stock and financial records shall be kept in the unit or premises and shall enable the operator to identify and the control authority or control body to verify:

(a) the supplier and, where different, the seller, or the exporter of the products;

(b) the nature and the quantities of organic products delivered to the unit and, where relevant, of all materials bought and the use of such materials, and, where relevant, the composition of the compound feedingstuffs;

(c) the nature and the quantities of organic products held in storage at the premises;

(d) the nature, the quantities and the consignees and, where different, the buyers, other than the final consumers, of any products which have left the unit or the first consignee's premises or storage facilities;

(e) in case of operators who do not store or physically handle such organic products, the nature and the quantities of organic products bought and sold, and the suppliers, and where different, the sellers or the exporters and the buyers, and where different, the consignees.

2. The documentary accounts shall also comprise the results of the verification at reception of organic products and any other information required by the control authority or control body for the purpose of proper control. The data in the accounts shall be documented with appropriate justification documents. The accounts shall demonstrate the balance between the input and the output.

3. Where an operator runs several production units in the same area, the units for non organic products, together with storage premises for input products must also be subject to the minimum control requirements.

Article 67 U.K. Access to facilities

1. The operator shall:

(a) give the control authority or control body, for control purposes, access to all parts of the unit and all premises, as well as to the accounts and relevant supporting documents;

(b) provide the control authority or control body with any information reasonably necessary for the purposes of the control;

(c) submit, when requested by the control authority or control body, the results of its own quality assurance programmes.

2. In addition to the requirements set out in paragraph 1, importers and first consignees shall submit the information on imported consignments referred to in Article 84.

[F111 Article 68 U.K. Documentary evidence

1. For the purpose of the application of Article 29(1) of Regulation (EC) No 834/2007 the control authorities and control bodies shall use the model of the documentary evidence set out in Annex XII to this Regulation.

[F6 In case of electronic certification as referred to in Article 29(3) of Regulation (EC) No 834/2007, the signature in box 8 of the documentary evidence shall not be required if the authenticity of the documentary evidence is otherwise shown by a tamper-proof electronic method.]

2. If an operator subject to the controls of the control authorities and control bodies as referred to in paragraph 1 so requests within a time period to be indicated by those control authorities and control bodies, the control authorities and control bodies shall provide complementary documentary evidence confirming the specific characteristics of the production method used by means of the model set out in Annex XIIa.

Applications for complementary documentary evidence shall contain in box 2 of the model set out in Annex XIIa the relevant entry listed in Annex XIIb.]

Textual Amendments

F6 Inserted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F111 Substituted by Commission Implementing Regulation (EU) No 126/2012 of 14 February 2012 amending Regulation (EC) No 889/2008 as regards documentary evidence and amending Regulation (EC) No 1235/2008 as regards the arrangements for imports of organic products from the United States of America (Text with EEA relevance).

Article 69 U.K. Vendor declaration

For the purpose of the application of Article 9(3) of Regulation (EC) No 834/2007 the vendor declaration that products supplied have not been produced from or by GMOs may follow the model set out in Annex XIII to this Regulation.

CHAPTER 2 U.K. Specific control requirements for plants and plant products from farm production or collection

Article 70 U.K. Control arrangements

1. The full description of the unit referred to in Article 63(1)(a) shall:

(a) be drawn up even where the operator limits his activity to the collection of wild plants;

(b) indicate the storage and production premises and land parcels and/or collection areas and, where applicable, premises where certain processing and/or packaging operations take place; and

(c) specify the date of the last application on the parcels and/or collection areas concerned of products, the use of which is not compatible with the organic production rules.

2. In case of collection of wild plants, the practical measures referred to in Article 63(1)(b) shall include any guarantees given by third parties which the operator can provide to ensure that the provisions of Article 12(2) of Regulation (EC) No 834/2007 are complied with.

Article 71 U.K. Communications

Each year, before the date indicated by the control authority or control body, the operator shall notify the control authority or control body of its schedule of production of crop products, giving a breakdown by parcel.

Article 72 U.K. Plant production records

Plant production records shall be compiled in the form of a register and kept available to the control authorities or bodies at all times at the premises of the holding. In addition to Article 71 such records shall provide at least the following information:

(a)

as regards the use of fertiliser: date of application, type and amount of fertiliser, parcels concerned;

(b)

as regards the use of plant protection products: reason and date of treatment, type of product, method of treatment;

(c)

as regards purchase of farm inputs: date, type and amount of purchased product;

(d)

as regards harvest: date, type and amount of organic or in conversion crop production.

Article 73 U.K. Several production units run by the same operator

Where an operator runs several production units in the same area, the units producing non-organic crops, together with storage premises for farm input products shall also be subject to the general and the specific control requirements laid down in Chapter 1 and this Chapter of this Title.

[F4 CHAPTER 2a U.K. Specific control requirements for seaweed

Article 73a U.K. Control arrangements for seaweed

When the control system applying specifically to seaweed is first implemented, the full description of the site referred to in Article 63(1)(a) shall include:

(a)

a full description of the installations on land and at sea;

(b)

the environmental assessment as outlined in Article 6b(3) where applicable;

(c)

the sustainable management plan as outlined in Article 6b(4) where applicable;

(d)

for wild seaweed a full description and a map of shore and sea collection areas and land areas where post collection activities take place shall be drawn up.

Article 73b U.K. Seaweed Production Records

1. Seaweed production records shall be compiled in the form of a register by the operator and kept available for the control authorities or control bodies at all times at the premises of the holding. It shall provide at least the following information:

(a) list of species, date and quantity harvested;

(b) date of application, type and amount of fertiliser used.

2. For collection of wild seaweeds the register shall also contain:

(a) history of harvesting activity for each species in named beds;

(b) harvest estimate (volumes) per season;

(c) sources of possible pollution for harvest beds;

(d) sustainable annual yield for each bed.]

CHAPTER 3 U.K. Control requirements for livestock and livestock products produced by animal husbandry

Article 74 U.K. Control arrangements

1. When the control system applying specifically to livestock production is first implemented, the full description of the unit referred to in Article 63(1)(a) shall include:

(a) a full description of the livestock buildings, pasturage, open air areas, etc., and, where applicable, the premises for the storage, packaging and processing of livestock, livestock products, raw materials and inputs;

(b) a full description of the installations for the storage of livestock manure.

2. The practical measures referred to in Article 63(1)(b) shall include:

(a) a plan for spreading manure agreed with the control body or authority, together with a full description of the areas given over to crop production;

(b) where appropriate, as regards the spreading of manure, the written arrangements with other holdings as referred to in Article 3(3) complying with the provisions of the organic production rules;

(c) a management plan for the organic-production livestock unit.

Article 75 U.K. Identification of livestock

The livestock shall be identified permanently using techniques adapted to each species, individually in the case of large mammals and individually or by batch in the case of poultry and small mammals.

Article 76 U.K. Livestock records

Livestock records shall be compiled in the form of a register and kept available to the control authorities or bodies at all times at the premises of the holding. Such records shall provide a full description of the herd or flock management system comprising at least the following information:

(a)

as regards animals arriving at the holding: origin and date of arrival, conversion period, identification mark and veterinary record;

(b)

as regards livestock leaving the holding: age, number of heads, weight in case of slaughter, identification mark and destination;

(c)

details of any animals lost and reasons thereof;

(d)

as regards feed: type, including feed supplements, proportions of various ingredients of rations and periods of access to free-range areas, periods of transhumance where restrictions apply;

(e)

as regards disease prevention and treatment and veterinary care: date of treatment, details of the diagnosis, the posology; type of treatment product, the indication of the active pharmacological substances involved method of treatment and veterinary prescription for veterinary care with reasons and withdrawal periods applying before livestock products can be marketed labelled as organic.

Article 77 U.K. Control measures on veterinary medicinal products for livestock

Whenever veterinary medicinal products are used the information according to Article 76(e) is to be declared to the control authority or body before the livestock or livestock products are marketed as organically produced. Livestock treated shall be clearly identified, individually in the case of large animals; individually, or by batch, or by hive, in the case of poultry, small animals and bees.

Article 78 U.K. Specific control measures on beekeeping

1. A map on an appropriate scale listing the location of hives shall be provided to the control authority or control body by the beekeeper. Where no areas are identified in accordance with Article 13(2), the beekeeper shall provide the control authority or control body with appropriate documentation and evidence, including suitable analyses if necessary, that the areas accessible to his colonies meet the conditions required in this Regulation.

2. The following information shall be entered in the register of the apiary with regard to the use of feeding: type of product, dates, quantities and hives where it is used.

3. Whenever veterinary medicinal products are to be used, the type of product, including the indication of the active pharmacological substance, together with details of the diagnosis, the posology, the method of administration, the duration of the treatment and the legal withdrawal period shall be recorded clearly and declared to the control body or authority before the products are marketed as organically produced.

4. The zone where the apiary is situated shall be registered together with the identification of the hives. The control body or authority shall be informed of the moving of apiaries by a deadline agreed on with the control authority or body.

5. Particular care shall be taken to ensure adequate extraction, processing and storage of beekeeping products. All the measures to comply with this requirement shall be recorded.

6. The removals of the supers and the honey extraction operations shall be entered in the register of the apiary.

Article 79 U.K. Several production units run by the same operator

Where an operator manages several production units, as provided for in Articles 17(1), 40 and 41, the units which produce non-organic livestock or non-organic livestock products shall also be subject to the control system as laid down in Chapter 1 and this Chapter of this Title.

[F4 CHAPTER 3a U.K. Specific control requirements for aquaculture animal production

Article 79a U.K. Control arrangements for aquaculture animal production

When the control system applying specifically to aquaculture animal production is first implemented, the full description of the unit referred to in Article 63(1)(a) shall include:

(a)

a full description of the installations on land and at sea;

(b)

the environmental assessment as outlined in Article 6b(3) where applicable;

(c)

the sustainable management plan as outlined in Article 6b(4) where applicable;

(d)

in the case of molluscs a summary of the special chapter of the sustainable management plan as required by Article 25q(2).

Article 79b U.K. Aquaculture animal production records

The following information shall be provided by the operator in the form of a register which shall be kept up to date and made available for the control authorities or control bodies at all times at the premises of the holding

(a)

the origin, date of arrival and conversion period of animals arriving at the holding:

(b)

the number of lots, the age, weight and destination of animals leaving the holding;

(c)

records of escapes of fish;

(d)

for fish the type and quantity of feed and in the case of carp and related species a documentary record of the use additional feed;

(e)

veterinary treatments giving details of the purpose, date of application, method of application, type of product and withdrawal period;

(f)

disease prevention measures giving details of fallowing, cleaning and water treatment.

Article 79c U.K. Specific control visits for bivalve molluscs

For bivalve mollusc production inspection visits shall take place before and during maximum biomass production.

Article 79d U.K. Several production units run by the same operator

When an operator manages several production units as provided for in Articles 25c, the units which produce non-organic aquaculture animals shall also be subject to the control system as laid down in Chapter 1and this Chapter.]

CHAPTER 4 U.K. [F1 Control requirements for units for preparation of plant, seaweed, livestock and aquaculture animal products and foodstuffs composed thereof]

Article 80 U.K. Control arrangements

In the case of a unit involved in the preparation for its own account or for account of a third party, and including in particular units involved in packaging and/or re-packaging of such products or units involved in labelling and/or re-labelling of such products, the full description of the unit referred to in Article 63(1)(a) shall show the facilities used for the reception, the processing, packaging, labelling and storage of agricultural products before and after the operations concerning them, as well as the procedures for the transport of the products.

CHAPTER 5 U.K. [F1 Control requirements for imports of organic products from third countries]

Article 81 U.K. Scope

This Chapter applies to any operator involved, as importer and/or as first consignee, in the import and/or reception, for its own account or for account of another operator, of organic products.

Article 82 U.K. Control arrangements

1. In the case of the importer, the full description of the unit referred to in Article 63(1)(a) shall include the importer's premises and of his import activities, indicating the points of entry of the products into [F115 Great Britain] and any other facilities the importer intends to use for the storage of the imported products pending their delivery to the first consignee.

In addition, the declaration referred to in Article 63(2) shall include an undertaking by the importer to ensure that any facilities that the importer will use for storage of products are submitted to control, to be carried out either by the control body or control authority or, [F116 when these storage facilities are situated outside of Great Britain, by a control body or authority approved by the Secretary of State for control in that country.]

2. In the case of the first consignee, the full description of the unit referred to in Article 63(1)(a) shall show the facilities used for the reception and storage.

3. Where the importer and the first consignee are the same legal person and operate in one single unit, the reports referred to in the second subparagraph of Article 63(2) may be formalised within one single report.

Textual Amendments

F115 Words in Art. 82(1) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 3(2)(a) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 5(3)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F116 Words in Art. 82(1) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 3(2)(b) (as amended by S.I. 2020/1452, regs. 1(2)(b), 5(3)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Article 83 U.K. Documentary accounts

The importer and the first consignee shall keep separate stock and financial records, unless where they are operating in one single unit.

On request of the control authority or control body, any details on the transport arrangements from the exporter in the third country to the first consignee and, from the first consignee's premises or storage facilities to the consignees within [F117 Great Britain] shall be provided.

Textual Amendments

F117 Words in Art. 83 substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 3(3) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 5(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 84 U.K. Information on imported consignments

The importer shall, in due time, inform the control body or control authority of each consignment to be imported into [F118 Great Britain], providing:

(a)

the name and address of the first consignee;

(b)

any details the control body or authority may reasonably require,

(i)

in case of products imported in accordance with Article 32 of Regulation (EC) No 834/2007, the documentary evidence referred to in that Article;

(ii)

in case of products imported in accordance with Article 33 of Regulation (EC) No 834/2007, a copy of the certificate of inspection referred to in that Article.

On the request of the control body or control authority of the importer, the latter shall forward the information referred to in the first paragraph to the control body or control authority of the first consignee.

[F9 The importer shall transmit the information referred to in the first and second paragraphs by using the electronic [F119 import control system operated in Great Britain.]]

Textual Amendments

F9 Inserted by Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (Text with EEA relevance).

F118 Words in Art. 84 substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 3(4)(a) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 5(3)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F119 Words in Art. 84 substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 3(4)(b) (as amended by S.I. 2020/1452, regs. 1(2)(b), 5(3)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Article 85 U.K. Control visits

The control authority or control body shall check the documentary accounts referred to in Article 83 of this Regulation and the certificate referred to in Article 33(1)(d) of Regulation (EC) No 834/2007 or the documentary evidence referred to in Article 32(1)(c) of the latter Regulation.

Where the importer performs the import operations by different units or premises, he shall make available on request the reports referred to in the second subparagraph of Article 63(2) of this Regulation for each of these facilities.

CHAPTER 6 U.K. Control requirements for units involved in the production, preparation or import of organic products and which have contracted out to third parties in part or in total the actual operations concerned

Article 86 U.K. Control arrangements

With regard to the operations, which are contracted out to third parties, the full description of the unit referred to in Article 63(1)(a) shall include:

(a)

a list of the subcontractors with a description of their activities and an indication of the control bodies or authorities to which they are subject;

(b)

written agreement by the subcontractors that their holding will be subject to the control regime of Title V of Regulation (EC) No 834/2007;

(c)

all the practical measures, including inter alia an appropriate system of documentary accounts, to be taken at the level of the unit to ensure that the products the operator places on the market can be traced to, as appropriate, their suppliers, sellers, consignees and buyers.

CHAPTER 7 U.K. Control requirements for units preparing feed

Article 87 U.K. Scope

This Chapter applies to any unit involved in the preparation of products referred to in Article 1(2)(c) of Regulation (EC) No 834/2007 on its own account or on behalf of a third party.

Article 88 U.K. Control arrangements

1. The full description of the unit referred to in Article 63(1)(a) shall indicate:

(a) the facilities used for the reception, preparation and storage of the products intended for animal feed before and after the operations concerning them;

(b) the facilities used for the storage of other products used to prepare feedingstuffs;

(c) the facilities used to store products for cleaning and disinfection;

(d) where necessary, the description of the compound feedingstuff that the operator intends to produce, in accordance with [F120 Regulation (EC) No 767/2009], and the livestock species or class for which the compound feedingstuff is intended;

(e) where necessary, the name of the feed materials that the operator intends to prepare.

2. The measures to be taken by operators, as referred to in Article 63(1)(b), to guarantee compliance with the organic production rules shall include the indications of measures referred to in Article 26.

3. The control authority or control body shall use these measures to carry out a general evaluation of the risks attendant on each preparation unit and to draw up a control plan. This control plan shall provide for a minimum number of random samples depending on the potential risks.

Textual Amendments

F120 Words in Art. 88(1)(d) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(40); 2020 c. 1, Sch. 5 para. 1(1)

Article 89 U.K. Documentary accounts

For the purposes of proper control of the operations, the documentary accounts referred to in Article 66 shall include information on the origin, nature and quantities of feed materials, additives, sales and finished products.

Article 90 U.K. Control visits

The control visit referred to in Article 65 shall comprise a full physical inspection of all premises. Moreover, the control authority or control body shall make targeted visits based on a general evaluation of the potential risks of non-compliance with the organic production rules.

The control 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 correctly.

All the premises used by the operator for the conduct of his activities may be checked as frequently as the attendant risks warrant.

CHAPTER 8 U.K. Infringements and exchange of information

Article 91 U.K. Measures in case of suspicion of infringements and irregularities

1. Where an operator considers or suspects that a product which he has produced, prepared, imported or that he has received from another operator, is not in compliance with organic production rules, he shall initiate procedures either to withdraw from this product any reference to the organic production method or to separate and identify the product. He may only put it into processing or packaging or on the market after elimination of that doubt, unless it is placed on the market without indication referring to the organic production method. In case of such doubt, the operator shall immediately inform the control body or authority. The control authority or control body may require that the product cannot be placed on the market with indications referring to the organic production method until it is satisfied, by the information received from the operator or from other sources, that the doubt has been eliminated.

2. Where [F121 the control authority] or control body has a substantiated suspicion that an operator intends to place on the market a product not in compliance with the organic production rules but bearing a reference to the organic [F122 production method, the control] authority or control body can require that the operator may provisionally not market the product with this reference for a time period to be [F123 set by the control authority] or control body. Before taking such a decision, the control authority or control body shall allow the operator to comment. This decision shall be supplemented by the obligation to withdraw from this product any reference to the organic production method if the control authority or control body is sure that the product does not fulfil the requirements of organic production.

However, if the suspicion is not confirmed within the said time period, the decision referred to in the first subparagraph shall be cancelled not later than the expiry of that time period. The operator shall cooperate fully with the control body or authority in resolving the suspicion.

F124 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Words in Art. 91(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(41)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F122 Words in Art. 91(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(41)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F123 Words in Art. 91(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(41)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F124 Art. 91(3) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(41)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F5 Article 92 U.K. Exchange of information between control authorities, control bodies and competent authorities

1. Where the operator and/or the subcontractors of that operator are checked by different control authorities or control bodies, the control authorities or control bodies shall exchange the relevant information on the operations under their control.

2. Where operators and/or their subcontractors change their control authority or control body, the change shall be notified without delay to the competent authority by the control authorities or control bodies concerned.

The previous control authority or control body shall hand over the relevant elements of the control file of the operator concerned and the reports referred to in the second subparagraph of Article 63(2) to the subsequent control authority or control body.

The new control authority or control body shall ensure that non-conformities noted in the report of the previous control authority or control body have been or are being addressed by the operator.

3. Where the operator withdraws from the control system, the control authority or control body of that operator shall, without delay, inform the competent authority.

4. Where a control authority or control body finds irregularities or infringements affecting the organic status of products, it shall without delay inform the competent authority F125 ... in accordance with Article 27 of Regulation (EC) No 834/2007.

That competent authority may require, on its own initiative, also any other information on irregularities or infringements.

In case of irregularities or infringements found with regard to products under the control of other control authorities or control bodies, it shall also inform those authorities or bodies without delay.

5. [F126 The relevant authority] shall take the appropriate measures and establish documented procedures to enable exchange of information between all control authorities they have designated and/or all control bodies they have approved in accordance with Article 27 of Regulation (EC) No 834/2007, including procedures for the exchange of information for the purpose of verifying documentary evidence referred to in Article 29(1) of that Regulation.

6. [F127 The relevant authority] shall take the appropriate measures and establish documented procedures in order to ensure that information on the results of inspections and visits as referred to in Article 65 of this Regulation is communicated to the paying agency in accordance with the needs of that paying agency as provided for in Article 33(1) of Commission Regulation (EU) No 65/2011 (21) .

Textual Amendments

F5 Substituted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F125 Words in Art. 92(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(42)(a); 2020 c. 1, Sch. 5 para. 1(1)

F126 Words in Art. 92(5) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(42)(b); 2020 c. 1, Sch. 5 para. 1(1)

F127 Words in Art. 92(6) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(42)(c); 2020 c. 1, Sch. 5 para. 1(1)

F128 Article 92a U.K. Exchange of information between different Member States and the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 Art. 92a omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(43); 2020 c. 1, Sch. 5 para. 1(1)

Article 92b U.K. Publication of information

[F129 The relevant authority] shall make available to the public, in an appropriate manner including publication on the internet, the updated lists referred to in Article 28(5) of Regulation (EC) No 834/2007 containing updated documentary evidence related to each operator, as provided for in Article 29(1) of that Regulation and using the model set out in Annex XII to this Regulation. [F130 The relevant authority] shall duly observe the requirements of the protection of personal data as laid down in [F131 Regulation (EU) 2016/679].]

Textual Amendments

F5 Substituted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F129 Words in Art. 92b substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(44)(a); 2020 c. 1, Sch. 5 para. 1(1)

F130 Words in Art. 92b substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(44)(b); 2020 c. 1, Sch. 5 para. 1(1)

F131 Words in Art. 92b substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(44)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F6 CHAPTER 9 U.K. Supervision by competent authorities

Article 92c U.K. Supervisory activities relating to control bodies

1. The supervisory activities by competent authorities delegating control tasks to control bodies in accordance with Article 27(4)(b) of Regulation (EC) No 834/2007 shall focus on the evaluation of the operational performance of those control bodies, taking into account the results of the work of the national accreditation body as referred to in Article 2(11) of Regulation (EC) No 765/2008 of the European Parliament and of the Council (22).

Those supervisory activities shall include an assessment of the internal procedures of the control bodies for the controls, the management and examination of control files in the light of the obligations established by Regulation (EC) No 834/2007 and the verification of handling of non-conformities and the handling of appeals and complaints.

2. The competent authorities shall require control bodies to submit documentation on their risk analysis procedure.

The risk analysis procedure shall be designed in such a way that:

(a) the result of the risk analysis provides the basis for determining the intensity of the unannounced or announced annual inspections and visits;

(b) additional random control visits carried out in accordance with Article 65(4) of at least 10 % of operators under contract in accordance with the risk category are performed;

(c) at least 10 % of all inspections and visits carried out in accordance with Article 65(1) and (4) are unannounced;

(d) the selection of operators to be submitted to unannounced inspections and visits is determined on the basis of the risk analysis and that these are planned according to the level of risk.

3. Competent authorities delegating control tasks to control bodies shall verify that the staff of the control bodies has sufficient knowledge, including knowledge of the risk elements affecting the organic status of products, qualifications, training and experience with respect to organic production in general and with the relevant [F132 retained EU law] in particular and that appropriate rules on rotation of inspectors are in force.

4. Competent authorities shall have documented procedures for the delegation of tasks to control bodies in accordance with Article 27(5) of Regulation (EC) No 834/2007 and for the supervision in accordance with this Article, detailing the information to be submitted by control bodies.

Textual Amendments

F132 Words in Art. 92c(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(45); 2020 c. 1, Sch. 5 para. 1(1)

Article 92d U.K. Catalogue of measures in case of irregularities and infringements

Competent authorities shall adopt and communicate to control bodies that have been delegated control tasks, a catalogue at least listing infringements and irregularities affecting the organic status of products and corresponding measures to be applied by control bodies in case of infringements or irregularities by operators under their control who are involved in organic production.

Competent authorities may include other relevant information in the catalogue on their own initiative.

Article 92e U.K. Annual inspection of control bodies

Competent authorities shall organise an annual inspection of the control bodies that have been delegated control tasks in accordance with Article 27(4)(b) of Regulation (EC) No 834/2007. For the purposes of the annual inspection, the competent authority shall take into account the results of the work of the national accreditation body as referred to in Article 2(11) of Regulation (EC) No 765/2008. During the annual inspection, the competent authority shall, in particular, verify:

(a)

the compliance with the control body’s standard control procedure as submitted by the control body to the competent authority in accordance with Article 27(6)(a) of Regulation (EC) No 834/2007;

(b)

that the control body has a sufficient number of suitable qualified and experienced staff in accordance with Article 27(5)(b) of Regulation (EC) No 834/2007 and that training concerning risks affecting the organic status of products has been implemented;

(c)

that the control body has and follows documented procedures and templates for:

(i)

the annual risk analysis in accordance with Article 27(3) of Regulation (EC) No 834/2007;

(ii)

preparing a risk-based sampling strategy, conducting sampling and laboratory analysis;

(iii)

information exchange with other control bodies and with the competent authority;

(iv)

initial and follow-up controls of operators under their control;

(v)

the application and follow-up to the catalogue of measures to be applied in case of infringements or irregularities;

(vi)

observing the requirements of the protection of personal data for the operators under its control as laid down by the F133 ... competent authority F134 ... and in accordance with [F135 Regulation (EU) 2016/679].

Textual Amendments

F133 Words in Art. 92e(c)(vi) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(46)(a); 2020 c. 1, Sch. 5 para. 1(1)

F134 Word in Art. 92e(c)(vi) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(46)(b); 2020 c. 1, Sch. 5 para. 1(1)

F135 Words in Art. 92e(c)(vi) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(46)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 92f U.K. Organic data in the multi-annual national control plan and annual report

[F136 The relevant authority] shall ensure that their multi-annual national control plans referred to in Article 41 of Regulation (EC) No 882/2004 cover the supervision of controls performed on the organic production in accordance with this Regulation and to include the specific data on that supervision, hereinafter referred to as ‘ the organic data ’, in the annual report referred to in Article 44 of Regulation (EC) No 882/2004. The organic data shall cover the topics listed in Annex XIIIb to this Regulation.

The organic data shall be based on information on the controls performed by the control bodies and/or control authorities and on audits performed by the competent authority.

The data shall be presented according to the templates provided for in Annex XIIIc to this Regulation as from 2015 for the year 2014.

[F136 The relevant authority] may insert the organic data as an organic chapter of their national control plan and their annual report.]

Textual Amendments

F136 Words in Art. 92f substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(47); 2020 c. 1, Sch. 5 para. 1(1)

TITLE V U.K. F137 ...TRANSITIONAL AND FINAL PROVISIONS

F138 ... U.K. F139 ...

F140 Article 93 U.K. Statistical information

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Textual Amendments

F140 Art. 93 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(50); 2020 c. 1, Sch. 5 para. 1(1)

F141 Article 94 U.K. Other information

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Textual Amendments

F141 Art. 94 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(50); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F138 Title 5 Ch. 1 title omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(49); 2020 c. 1, Sch. 5 para. 1(1)

F139 Title 5 Ch. 1 heading omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(49); 2020 c. 1, Sch. 5 para. 1(1)

F142 ... U.K. F143 ...

Article 95 U.K. Transitional measures

F144 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Pending the inclusion of detailed processing rules for pet food, national rules or in the absence thereof, private standards accepted or recognised by the [F145 relevant authority] shall apply.

[F1 6. For the purpose of Article 12(1)(j) of Regulation (EC) No 834/2007 and pending the inclusion of specific substances according to Article 16(1)(f) of that Regulation, only products authorised by the competent authority may be used.]

F146 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 10a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F144 Art. 95(1)-(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(52)(a); 2020 c. 1, Sch. 5 para. 1(1)

F145 Words in Art. 95(5) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(52)(b); 2020 c. 1, Sch. 5 para. 1(1)

F146 Art. 95(7)-(11) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(52)(c); 2020 c. 1, Sch. 5 para. 1(1)

F147 Article 96 U.K. Repeal

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Textual Amendments

F147 Art. 96 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(53); 2020 c. 1, Sch. 5 para. 1(1)

F148 Article 97 U.K. Entry into force and application

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Textual Amendments

F148 Art. 97 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(53); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F142 Title 5 Ch. 2 title omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(51); 2020 c. 1, Sch. 5 para. 1(1)

F143 Title 5 Ch. 2 heading omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(51); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F137 Words in Title 5 heading omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(48); 2020 c. 1, Sch. 5 para. 1(1)

F149 ...

Textual Amendments

F149 Words in Signature omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(54); 2020 c. 1, Sch. 5 para. 1(1)

[F150 ANNEX I U.K. Fertilisers, soil conditioners and nutrients referred to in Article 3(1) and Article 6d(2)

Textual Amendments

F150 Substituted by Commission Implementing Regulation (EU) 2019/2164 of 17 December 2019 amending 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 (Text with EEA relevance).

Note: U.K.

A: authorised under Regulation (EEC) No 2092/91 and carried over by Article 16(3)(c) of Regulation (EC) No 834/2007 U.K.

B: authorised under Regulation (EC) No 834/2007 U.K.

a Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/ 2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive ( OJ L 54, 26.2.2011, p. 1 ).
b Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers ( OJ L 304, 21.11.2003, p. 1 ). ]
Authorisation	Name Compound products or products containing only materials listed hereunder:	Description, compositional requirements, conditions for use
A	Farmyard manure	Product comprising a mixture of animal excrements and vegetable matter (animal bedding). Factory farming origin forbidden
A	Dried farmyard manure and dehydrated poultry manure	Factory farming origin forbidden
A	Composted animal excrements, including poultry manure and composted farmyard manure included	Factory farming origin forbidden
A	Liquid animal excrements	Use after controlled fermentation and/or appropriate dilution Factory farming origin forbidden
B	Composted or fermented mixture of household waste	Product obtained from source separated household waste, which has been submitted to composting or to anaerobic fermentation for biogas production Only vegetable and animal household waste Only when produced in a closed and monitored collection systemF151 ... Maximum concentrations in mg/kg of dry matter: cadmium: 0,7; copper: 70; nickel: 25; lead: 45; zinc: 200; mercury: 0,4; chromium (total): 70; chromium (VI): not detectable
A	Peat	Use limited to horticulture (market gardening, floriculture, arboriculture, nursery)
A	Mushroom culture wastes	The initial composition of the substrate shall be limited to products of this Annex
A	Dejecta of worms (vermicompost) and insects
A	Guano
A	Composted or fermented mixture of vegetable matter	Product obtained from mixtures of vegetable matter, which have been submitted to composting or to anaerobic fermentation for biogas production
B	Biogas digestate containing animal by-products co-digested with material of plant or animal origin as listed in this Annex	Animal by-products (including by-products of wild animals) of category 3 and digestive tract content of category 2 (categories 2 and 3 as defined in Regulation (EC) No 1069/2009 of the European Parliament and of the Council a ) must not be from factory farming origin. The Processes have to be in accordance with Commission Regulation (EU) No 142/2011. Not to be applied to edible parts of the crop
B	Products or by-products of animal origin as below: Blood meal Hoof meal Horn meal Bone meal or degelatinised bone meal Fish meal Meat meal Feather, hair and ‘ chiquette ’ meal Wool Fur (1) Hair Dairy products Hydrolysed proteins (2)	(1) Maximum concentration in mg/kg of dry matter of chromium (VI): not detectable (2) Not to be applied to edible parts of the crop
A	Products and by-products of plant origin for fertilisers	Examples: oilseed cake meal, cocoa husks, malt culms
B	Hydrolysed proteins of plant origin
A	Seaweeds and seaweed products	As far as directly obtained by: (i) physical processes including dehydration, freezing and grinding (ii) extraction with water or aqueous acid and/or alkaline solution (iii) fermentation
A	Sawdust and wood chips	Wood not chemically treated after felling
A	Composted bark	Wood not chemically treated after felling
A	Wood ash	From wood not chemically treated after felling
A	Soft ground rock phosphate	Product as specified in point 7 of Annex IA.2. to Regulation (EC) No 2003/2003 of the European Parliament and of the Council b . Cadmium content less than or equal to 90 mg/kg of P205
A	Aluminium-calcium phosphate	Product as specified in point 6 of Annex IA.2. to Regulation (EC) No 2003/2003, Cadmium content less than or equal to 90 mg/kg of P205 Use limited to basic soils (pH > 7,5)
A	Basic slag	Products as specified in point 1 of Annex IA.2. to Regulation (EC) No 2003/2003
A	Crude potassium salt or kainit	Products as specified in point 1 of Annex IA.3. to Regulation (EC) No 2003/2003
A	Potassium sulphate, possibly containing magnesium salt	Product obtained from crude potassium salt by a physical extraction process, containing possibly also magnesium salts
A	Stillage and stillage extract	Ammonium stillage excluded
A	Calcium carbonate, for instance: chalk, marl, ground limestone, Breton ameliorant, (maerl), phosphate chalk	Only of natural origin
B	Mollusc waste	Only from sustainable fisheries, as defined in Article 4 (1) (7) of Regulation (EU) No 1380/2013 or organic aquaculture
B	Egg shells	Factory farming origin forbidden.
A	Magnesium and calcium carbonate	Only of natural origin e.g. magnesian chalk, ground magnesium, limestone
A	Magnesium sulphate (kieserite)	Only of natural origin
A	Calcium chloride solution	Foliar treatment of apple trees, after identification of deficit of calcium
A	Calcium sulphate (gypsum)	Products as specified in point 1 of Annex ID. to Regulation (EC) No 2003/2003 Only of natural origin
A, B	Industrial lime from sugar production	By-product of sugar production from sugar beet and sugar cane
A	Industrial lime from vacuum salt production	By-product of the vacuum salt production from brine found in mountains
A	Elemental sulphur	Products as specified in Annex ID.3 to Regulation (EC) No 2003/2003
A	Trace elements	Inorganic micronutrients listed in part E of Annex I to Regulation (EC) No 2003/2003
A	Sodium chloride
A	Stone meal and clays
B	Leonardite (Raw organic sediment rich in humic acids)	Only if obtained as a by-product of mining activities
B	Humic and fulvic acids	Only if obtained by inorganic salts/solutions excluding ammonium salts; or obtained from drinking water purification
B	Xylite	Only if obtained as a by-product of mining activities (e.g. by-product of brown coal mining)
B	Chitin (Polysaccharide obtained from the shell of crustaceans)	Only if obtained from sustainable fisheries, as defined in Article 4(1)(7) of Regulation (EU) No 1380/2013 or organic aquaculture
B	Organic rich sediment from fresh water bodies formed under exclusion of oxygen (e.g. sapropel)	Only organic sediments that are by-products of fresh water body management or extracted from former freshwater areas When applicable, extraction should be done in a way to cause minimal impact on the aquatic system Only sediments derived from sources free from contaminations of pesticides, persistent organic pollutants and petrol like substances Maximum concentrations in mg/kg of dry matter: cadmium: 0,7; copper: 70; nickel: 25; lead: 45; zinc: 200; mercury: 0,4; chromium (total): 70; chromium (VI): not detectable
B	Biochar — pyrolysis product made from a wide variety of organic materials of plant origin and applied as a soil conditioner	Only from plant materials, untreated or treated with products included in Annex II. Maximum value of 4 mg polycyclic aromatic hydro-carbons (PAHs) per kg dry matter (DM). This value shall be reviewed every second year, taking into account the risk of accumulation due to multiple applications

Textual Amendments

F151 Words in Annex 1 Table omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(55); 2020 c. 1, Sch. 5 para. 1(1)

[F150 ANNEX II U.K. Pesticides — Plant protection products referred to in Article 5(1)

All the substances listed in this Annex have to comply at least with the conditions for use as specified in the Annex to Commission Implementing Regulation (EU) No 540/2011 (23) . More restrictive conditions for use for organic production are specified in the second column of each table.

1. Substances of plant or animal origin U.K.

Name	Description, compositional requirement, conditions for use
Allium sativum (Garlic extract)
Azadirachtin extracted from Azadirachta indica (Neem tree)
Beeswax	Only as pruning agent/wound protectant
COS-OGA
Hydrolysed proteins excluding gelatine
Laminarin	Kelp shall be either grown organically in accordance with Article 6d or harvested in a sustainable way in accordance with Article 6c
Maltodextrin
Pheromones	Only in traps and dispensers.
Plant oils	All uses authorised, except herbicide .
Pyrethrins	Only from plant origin
Quassia extracted from Quassia amara	Only as insecticide, repellent
Repellents by smell of animal or plant origin/sheep fat	Only on non-edible parts of the crop and where crop material is not ingested by sheep or goats
Salix spp. Cortex (a.k.a. willow bark)
Terpenes (eugenol, geraniol and thymol)

2. Basic substances U.K.

a Obtained from sustainable fisheries or organic aquaculture.
b Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market ( OJ L 309, 24.11.2009, p. 1 ).
Basic substances based on food (including: Lecithins, sucrose, fructose, vinegar, whey, chitosan hydrochloride a , and Equisetum arvense etc.)	Only those basic substances as defined by Article 23 of Regulation (EC) No 1107/2009 b which are food as defined in Article 2 of Regulation (EC) No 178/2002 and have plant or animal origin Substances not to be used as herbicides

3. Micro-organisms or substances produced by or derived from micro-organisms U.K.

Name	Description, compositional requirement, conditions for use
Micro-organisms	Not from GMO origin
Spinosad
Cerevisane

4. Substances other than those mentioned in Sections 1, 2 and 3 U.K.

Name	Description, compositional requirement, conditions or restrictions to use
Aluminium silicate (Kaolin)
Calcium hydroxide	When used as fungicide, only in fruit trees, including nurseries, to control Nectria galligena
Carbon dioxide
Copper compounds in the form of: copper hydroxide, copper oxychloride, copper oxide, Bordeaux mixture, and tribasic copper sulphate
Diammonium phosphate	Only as attractant in traps
Ethylene
Fatty acids	All uses authorised, except herbicide
Ferric phosphate (iron (III) orthophosphate)	Preparations to be surface-spread between cultivated plants
Hydrogen peroxide
Kieselgur (diatomaceous earth)
Lime sulphur (calcium polysulphide)
Paraffin oil
Potassium and sodium hydrogen carbonate (a.k.a. potassium /sodium bicarbonate)
Pyrethroids (only deltamethrin or lambda-cyhalothrin)	Only in traps with specific attractants; only against Bactrocera oleae and Ceratitis capitata Wied
Quartz sand
Sodium chloride	All uses authorised, except herbicide
Sulphur	]

ANNEX III U.K. Minimum surface areas indoors and outdoors and other characteristics of housing in the different species and types of production referred to in Article 10(4)

1. Bovines, equidae, ovine, caprine and porcine U.K.

	Indoors area(net area available to animals)		Outdoors area(exercise area, excluding pasturage)
	Live weight minimum (kg)	M2/head	M2/head
Breeding and fattening bovine and equidae	up to 100	1,5	1,1
	up to 200	2,5	1,9
	up to 350	4,0	3
	over 350	5 with a minimum of 1 m2/100 kg	3,7 with a minimum of 0,75 m2/100 kg
Dairy cows		6	4,5
Bulls for breeding		10	30
Sheep and goats		1,5 sheep/goat	2,5
		0,35 lamb/kid	0,5
Farrowing sows with piglets up to 40 days		7,5 sow	2,5
Fattening pigs	up to 50	0,8	0,6
	up to 85	1,1	0,8
	up to 110	1,3	1
	[F4 Over 110 kg	1,5	1,2]
Piglets	over 40 days and up to 30 kg	0,6	0,4
Brood pigs		2,5 female	1,9
		6 male If pens are used for natural service: 10 m2/boar	8,0

2. Poultry U.K.

a Only in the case of mobile houses not exceeding 150 m2 floor space.
	Indoors area(net area available to animals)			Outdoors area(m2 of area available in rotation/head)
	No animals/m2	cm perch/animal	nest
Laying hens	6	18	7 laying hens per nest or in case of common nest 120 cm2/bird	4, provided that the limit of 170 kg of N/ha/year is not exceeded
Fattening poultry (in fixed housing)	10 with a maximum of 21 kg liveweight/m2	20 (for guinea fowl only)		4 broilers and guinea fowl 4,5 ducks 10 turkey 15 geese In all the species mentioned above the limit of 170 kg of N/ha/year is not exceeded
Fattening poultry in mobile housing	16a in mobile poultry houses with a maximum of 30 kg liveweight/m2			2,5, provided that the limit of 170 kg of N/ha/year is not exceeded

ANNEX IV U.K. Maximum number of animals per hectare referred to in Article 15 (2)

Class or species	Maximum number of animals per haequivalent to 170 kg N/ha/year
Equines over six months old	2
Calves for fattening	5
Other bovine animals less than one year old	5
Male bovine animals from one to less than two years old	3,3
Female bovine animals from one to less than two years old	3,3
Male bovine animals two years old or over	2
Breeding heifers	2,5
Heifers for fattening	2,5
Dairy cows	2
Cull dairy cows	2
Other cows	2,5
Female breeding rabbits	100
Ewes	13,3
Goats	13,3
Piglets	74
Breeding sows	6,5
Pigs for fattening	14
Other pigs	14
Table chickens	580
Laying hens	230

[F26 ANNEX V U.K. Feed materials as referred to in Article 22(d), Article 24(2) and Article 25m(1)

[F29 1. FEED MATERIALS OF MINERAL ORIGIN U.K.

A	Calcareous marine shells
A	Maerl
A	Lithotamn
A	Calcium gluconate
A	Calcium carbonate
A	Defluorinated monocalciumphosphate
A	Defluorinated dicalciumphosphate
A	Magnesium oxide (anhydrous magnesia)
A	Magnesium sulphate
A	Magnesium chloride
A	Magnesium carbonate
A	Calcium magnesium phosphate
A	Magnesium phosphate
A	Monosodium phosphate
A	Calcium sodium phosphate
A	Sodium chloride
A	Sodium bicarbonate
A	Sodium carbonate
A	Sodium sulphate
A	Potassium chloride	]

2. OTHER FEED MATERIALS U.K.

Fermentation (by-)products from microorganisms the cells of which have been inactivated or killed:

A	Saccharomyces cerevisiae
A	Saccharomyces carlsbergiensis	]

[F150 ANNEX VI U.K. Feed additives used in animal nutrition referred to in Article 22(g), Article 24(2) and Article 25m(2)

Feed additives listed in this Annex must be authorised under Regulation (EC) No 1831/2003 of the European Parliament and of the Council.

1. TECHNOLOGICAL ADDITIVES U.K.

(a) Preservatives U.K.

ID numbers or Functional groups		Substance	Description, conditions for use
	E 200	Sorbic acid
	E 236	Formic acid
	E 237	Sodium formate
	E 260	Acetic acid
	E 270	Lactic acid
	E 280	Propionic acid
	E 330	Citric acid

(b) Antioxidants U.K.

ID number or Functional groups		Substance	Description, conditions for use
	1b306(i)	Tocopherol extracts from vegetable oils
	1b306(ii)	Tocopherol-rich extracts from vegetable oils (delta rich)

(c) Emulsifiers, stabilisers, thickeners and gelling agents U.K.

ID numbers or Functional groups		Substance	Description, conditions for use
	1c322	Lecithins	Only when derived from organic raw material.
			Use restricted to aquaculture animal feed.

(d) Binders and anti-caking agents U.K.

ID number or Functional groups		Substance	Description, conditions for use
	E 412	Guar gum
	E 535	Sodium ferrocyanide	Maximum dose rate of 20 mg/kg NaCl calculated as ferrocyanide anion.
	E 551b	Colloidal silica
	E 551c	Kieselgur (diatomaceous earth, purified)
	1m558i	Bentonite
	E 559	Kaolinitic clays, free of asbestos
	E 560	Natural mixtures of steatites and chlorite
	E 561	Vermiculite
	E 562	Sepiolite
	E 566	Natrolite-Phonolite
	1g568	Clinoptilolite of sedimentary origin
	E 599	Perlite

(e) Silage additives U.K.

ID number or Functional groups	Substance	Description, conditions for use
1k 1k236	Enzymes, micro-organisms Formic acid,	Use restricted to production of silage when weather conditions do not allow for adequate fermentation. The use of formic, propionic acid and their sodium salts in the production of silage shall only be permitted when weather conditions do not allow for adequate fermentation
1k237	Sodium formate
1k280	Propionic acid
1k281	Sodium propionate

2. SENSORY ADDITIVES U.K.

ID number or Functional groups	Substance	Description, conditions for use
2b	Flavouring compounds	Only extracts from agricultural products.
	Castanea sativa Mill.: Chestnut extract

3. NUTRITIONAL ADDITIVES U.K.

(a) Vitamins, pro-vitamins and chemically well-defined substances having similar effect U.K.

ID number or Functional groups	Substance	Description, conditions for use
3a	Vitamins and provitamins	Derived from agricultural products. If derived synthetically, only those identical to vitamins derived from agricultural products may be used for monogastric animals and aquaculture animals. If derived synthetically, only vitamins A, D and E identical to vitamins derived from agricultural products may be used for ruminants; the use is subject to prior authorisation of the [F152 relevant authority] based on the assessment of the possibility for organic ruminants to obtain the necessary quantities of the said vitamins through their feed rations.
3a920	Betaine anhydrous	Only for monogastric animals Only from natural origin and when available from organic origin

Textual Amendments

F152 Words in Annex 6 para. 3(a) Table substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(57); 2020 c. 1, Sch. 5 para. 1(1)

(b) Compounds of trace elements U.K.

	ID number or Functional groups	Substance	Description, conditions for use
	E1 Iron
	3b101	Iron(II) carbonate (siderite)
	3b103	Iron(II) sulphate monohydrate
	3b104	Iron(II) sulphate heptahydrate
	3b201	Potassium iodide
	3b202	Calcium iodate, anhydrous
	3b203	Coated granulated calcium iodate anhydrous
	3b301	Cobalt(II) acetate tetrahydrate
	3b302	Cobalt(II) carbonate
	3b303	Cobalt(II) carbonate hydroxide (2:3) monohydrate
	3b304	Coated granulated cobalt(II) carbonate hydroxide (2:3) monohydrate
	3b305	Cobalt(II) sulphate heptahydrate
	3b402	Copper(II) carbonate dihydroxy monohydrate
	3b404	Copper (II) oxide
	3b405	Copper(II) sulphate pentahydrate
	3b409	Dicopper chloride trihydroxide (TBCC)
	3b502	Manganese (II) oxide
	3b503	Manganous sulfate, monohydrate
	3b603	Zinc oxide
	3b604	Zinc sulphate heptahydrate
	3b605	Zinc sulphate monohydrate
	3b609	Zinc chloride hydroxide monohydrate (TBZC)
	3b701	Sodium molybdate dihydrate
	3b801	Sodium selenite
	3b810, 3b811, 3b812, 3b813 and 3b817	Selenised yeast inactivated

4. ZOOTECHNICAL ADDITIVES U.K.

ID number or Functional groups	Substance	Description, conditions for use
4a, 4b, 4c and 4d	Enzymes and microorganism in the category of ‘ Zootechnical additives ’	]

[F1 ANNEX VII U.K. Products for cleaning and disinfection

1. Products for cleaning and disinfection of buildings and installations for livestock production referred to in Article 23(4): U.K.

• Potassium and sodium soap

• Water and steam

• Milk of lime

• Lime

• Quicklime

• Sodium hypochlorite (e.g. as liquid bleach)

• Caustic soda

• Caustic potash

• Hydrogen peroxide

• Natural essences of plants

• Citric, peracetic acid, formic, lactic, oxalic and acetic acid

• Alcohol

• Nitric acid (dairy equipment)

• Phosporic acid (dairy equipment)

• Formaldehyde

• Cleaning and disinfection products for teats and milking facilities

• Sodium carbonate

[F33 2. Products for cleaning and disinfection for aquaculture animals and seaweed production referred to in Articles 6e(2), 25s(2) and 29a. U.K.

2.1. Subject to compliance with relevant [F153 retained EU law] as referred to in Article 16(1) of Regulation (EC) No 834/2007, and in particular with Regulation (EU) No 528/2012 of the European Parliament and of the Council (24) , products used for cleaning and disinfection of equipment and facilities in the absence of aquaculture animals may contain the following active substances: U.K.

Textual Amendments

F153 Words in Annex 7 para. 2.1 substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(58)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

• ozone

• sodium hypochlorite

• calcium hypochlorite

• calcium hydroxide

• calcium oxide

• caustic soda

• alcohol

• F154 ...

• potassium permanganate

• tea seed cake made of natural camelia seed (use restricted to shrimp production)

• mixtures of potassium peroxomonosulphate and sodium chloride producing hypochlorous acid.

Textual Amendments

F154 Words in Annex 7 para. 2.1 omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(58)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

2.2. Subject to compliance with relevant [F155 retained EU law] as referred to in Article 16(1) of Regulation (EC) No 834/2007, and in particular with Regulation (EU) No 528/2012 and Directive 2001/82/EC of the European Parliament and of the Council (25) , products used for cleaning and disinfection of equipment and facilities in the presence as well as in the absence of aquaculture animals may contain the following active substances: U.K.

Textual Amendments

F155 Words in Annex 7 para. 2.2 substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(58)(b); 2020 c. 1, Sch. 5 para. 1(1)

• limestone (calcium carbonate) for pH control

• dolomite for pH correction (use restricted to shrimp production)

• sodium chloride

• hydrogen peroxide

• sodium percarbonate

• organic acids (acetic acid, lactic acid, citric acid)

• humic acid

• peroxyacetic acids

• peracetic and peroctanoic acids

• iodophores (only in the presence of eggs).]]

[F150 ANNEX VIII U.K. Certain products and substances for use in production of processed organic food, yeast and yeast products referred to in Article 27(1)(a) and Article 27a(a)

SECTION A — FOOD ADDITIVES, INCLUDING CARRIERS U.K.

For the purpose of the calculation referred to in Article 23(4)(a)(ii) of Regulation (EC) No 834/2007, food additives marked with an asterisk in the column of the code number, shall be calculated as ingredients of agricultural origin

a Commission Implementing Directive (EU) 2017/1279 of 14 July 2017 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ( OJ L 184, 15.7.2017, p. 33 ).
Code	Name	Preparation of foodstuffs of		Specific conditions and restrictions in addition to Regulation (EC) No 1333/2008
		plant origin	Animal origin
E 153	Vegetable carbon		X	Ashy goat cheese Morbier cheese
E 160b*	Annatto, Bixin, Norbixin		X	Red Leicester cheese Double Gloucester cheese Cheddar Mimolette cheese
E 170	Calcium carbonate	X	X	Shall not be used for colouring or calcium enrichment of products
E 220	Sulphur dioxide	X	X(Only for mead)	In fruit wines (wine made from fruits other than grapes, including cider and perry) and mead with and without added sugar: 100 mg/l (Maximum levels available from all sources, expressed as SO 2 in mg/l)
E 223	Sodium metabisulphite		X	Crustaceans
E 224	Potassium metabisulphite	X	X (Only for mead)	In fruit wines (wine made from fruits other than grapes, including cider and perry) and mead with and without added sugar: 100 mg/l (Maximum levels available from all sources, expressed as SO 2 in mg/l)
E250	Sodium nitrite		X	For meat products. May only be used, if it has been demonstrated to the satisfaction of the competent authority that no technological alternative, giving the same guarantees and/or allowing to maintain the specific features of the product, is available. Not in combination with E252. Indicative ingoing amount expressed as NaNO 2 : 80 mg/kg, maximum residual amount expressed as NaNO 2 : 50 mg/kg
E252	Potassium nitrate		X	For meat products. May only be used, if it has been demonstrated to the satisfaction of the competent authority that no technological alternative, giving the same guarantees and/or allowing to maintain the specific features of the product, is available. Not in combination with E250. Indicative ingoing amount expressed as NaNO 3 : 80 mg/kg, maximum residual amount expressed as NaNO 3 : 50 mg/kg
E 270	Lactic acid	X	X
E 290	Carbon dioxide	X	X
E 296	Malic acid	X
E 300	Ascorbic acid	X	X	With regard to foodstuffs of animal origin: Meat products
E 301	Sodium ascorbate		X	With regard to foodstuffs of animal origin: Meat products in connection with nitrates and nitrites
E 306(*)	Tocopherol-rich extract	X	X	Anti-oxidant
E 322(*)	Lecithins	X	X	With regard to foodstuffs of animal origin: Milk products. Only when derived from organic production. Applicable as of 1 January 2022 . Until that date, only when derived from organic raw material.
E 325	Sodium lactate		X	Milk-based and meat products
E 330	Citric acid	X	X
E 331	Sodium citrates	X	X
E 333	Calcium citrates	X
E 334	Tartaric acid (L(+)-)	X	X(Only for mead)	With regard to foodstuffs of animal origin: Mead.
E 335	Sodium tartrates	X
E 336	Potassium tartrates	X
E 341 (i)	Monocalcium phosphate	X		Raising agent for self-raising flour
E 392*	Extracts of Rosemary	X	X	Only when derived from organic production
E 400	Alginic acid	X	X	With regard to foodstuffs of animal origin: milk-based products
E 401	Sodium alginate	X	X	With regard to foodstuffs of animal origin: milk-based products
E 402	Potassium alginate	X	X	With regard to foodstuffs of animal origin: milk-based products
E 406	Agar	X	X	With regard to foodstuffs of animal origin: milk-based products and meat products
E 407	Carrageenan	X	X	With regard to foodstuffs of animal origin: milk-based products
E 410*	Locust bean gum	X	X	Only when derived from organic production. Applicable as of 1 January 2022.
E 412*	Guar gum	X	X	Only when derived from organic production. Applicable as of 1 January 2022.
E 414*	Arabic gum	X	X	Only when derived from organic production. Applicable as of 1 January 2022.
E 415	Xanthan gum	X	X
E 417	Tara gum powder	X	X	Thickener Only when derived from organic production. Applicable as of 1 January 2022.
E 418	Gellan gum	X	X	High-acyl form only Only when derived from organic production. Applicable as of [F156 1 January 2023].
E 422	Glycerol	X	X	Only from plant origin Only when derived from organic production. Applicable as of 1 January 2022. For plant extracts, flavourings, humectant in gel capsules and as a surface coating of tablets
E 440 (i)*	Pectin	X	X	With regard to foodstuffs of animal origin: milk-based products
E 464	Hydroxypropyl methyl cellulose	X	X	Encapsulation material for capsules
E 500	Sodium carbonates	X	X
E 501	Potassium carbonates	X
E 503	Ammonium carbonates	X
E 504	Magnesium carbonates	X
E 509	Calcium chloride		X	Milk coagulation
E 516	Calcium sulphate	X		Carrier
E 524	Sodium hydroxide	X		Surface treatment of ‘ Laugengebäck ’ and regulation of acidity in organic flavourings
E 551	Silicon dioxide	X	X	For herbs and spices in dried powdered form, flavourings and propolis
E 553b	Talc	X	X	With regard to foodstuffs of animal origin: surface treatment of sausages
E 901	Beeswax	X		As a glazing agent for confectionary only. Beeswax from organic production
E 903	Carnauba wax	X		As a glazing agent for confectionary As a mitigating method for mandatory extreme cold treatment of fruit as a quarantine measure against harmful organisms (Commission Implementing Directive (EU) 2017/1279) a Only when derived from organic production. Applicable as of 1 January 2022 . Until that date, only when derived from organic raw material.
E 938	Argon	X	X
E 939	Helium	X	X
E 941	Nitrogen	X	X
E 948	Oxygen	X	X
E 968	Erythritol	X	X	Only when derived from organic production without using ion exchange technology

Textual Amendments

F156 Words in Annex 8 s. A Table substituted (20.4.2022) by The Organic Production (Amendment) Regulations 2022 (S.I. 2022/360), regs. 1(1), 2(3)

SECTION B — PROCESSING AIDS AND OTHER PRODUCTS, WHICH MAY BE USED FOR PROCESSING OF INGREDIENTS OF AGRICULTURAL ORIGIN FROM ORGANIC PRODUCTION U.K.

Name	Preparation of all foodstuffs of plant origin	Preparation of all foodstuffs of animal origin	Specific conditions and restrictions in addition to Regulation (EU) No 1333/2008
Water	X	X	Drinking water within the meaning of Council Directive 98/83/EC
Calcium chloride	X		Coagulation agent
Calcium carbonate	X
Calcium hydroxide	X
Calcium sulphate	X		Coagulation agent
Magnesium chloride (or nigari)	X		Coagulation agent
Potassium carbonate	X		With regard to foodstuffs of plant origin: drying of grapes
Sodium carbonate	X	X
Lactic acid		X	With regard to foodstuffs of animal origin: for the regulation of the pH of the brine bath in cheese production
L(+)lactic acid from fermentation	X		With regard to foodstuffs of plant origin: for the preparation of plant protein extracts
Citric acid	X	X
Sodium hydroxide	X		With regard to foodstuffs of plant origin: for sugar(s) production; for oil production excluding olive oil production; for the preparation of plant protein extracts
Sulphuric acid	X	X	Gelatine production Sugar(s) production
Hop extract	X		With regard to foodstuffs of plant origin: only for antimicrobial purposes in production of sugar. When available from organic production
Pine rosin extract	X		With regard to foodstuffs of plant origin: only for antimicrobial purposes in production of sugar. When available from organic production
Hydrochloric acid		X	With regard to foodstuffs of animal origin: Gelatine production; for the regulation of the pH of the brine bath in the processing of Gouda-, Edam and Maasdammer cheeses, Boerenkaas, Friese and Leidse Nagelkaas
Ammonium hydroxide		X	With regard to foodstuffs of animal origin: gelatine production
Hydrogen peroxide		X	With regard to foodstuffs of animal origin: gelatine production
Carbon dioxide	X	X
Nitrogen	X	X
Ethanol	X	X	Solvent
Tannic acid	X		Filtration aid
Egg white albumin	X
Casein	X
Gelatin	X
Isinglass	X
Vegetable oils	X	X	Greasing, releasing or anti-foaming agent. Only when derived from organic production
Silicon dioxide gel or colloidal solution	X
Activated carbon	X
Talc	X		In compliance with the specific purity criteria for food additive E 553b
Bentonite	X	X	With regard to foodstuffs of animal origin: as a sticking agent for mead
Cellulose	X	X	With regard to foodstuffs of animal origin: Gelatine production
Diatomaceous earth	X	X	With regard to foodstuffs of animal origin: Gelatine production
Perlite	X	X	With regard to foodstuffs of animal origin: Gelatine production
Hazelnut shells	X
Rice meal	X
Beeswax	X		Releasing agent. Beeswax from organic production
Carnauba wax	X		Releasing agent. Only when derived from organic production. Applicable as of 1 January 2022 . Until that date, only when derived from organic raw material
Acetic acid/vinegar		X	Only when derived from organic production. For fish processing only. From natural fermentation, Not to be produced by or from GMO
Thiamin hydrochloride	X	X	Only for use in processing of fruit wines, including cider and perry and mead
Diammonium phosphate	X	X	Only for use in processing of fruit wines, including cider and perry and mead
Wood fibre	X	X	The source of timber should be restricted to certified, sustainably harvested wood. Wood used must not contain toxic components (post-harvest treatment, naturally occurring toxins or toxins from micro-organisms)

SECTION C — PROCESSING AIDS FOR THE PRODUCTION OF YEAST AND YEAST PRODUCTS U.K.

Name	Primary yeast	Yeast confections/ formulations	Specific conditions
Calcium chloride	X
Carbon dioxide	X	X
Citric acid	X		For the regulation of the pH in yeast production
Lactic acid	X		For the regulation of the pH in yeast production
Nitrogen	X	X
Oxygen	X	X
Potato starch	X	X	For filtering Only when derived from organic production
Sodium carbonate	X	X	For the regulation of the pH
Vegetable oils	X	X	Greasing, releasing or anti-foaming agent Only when derived from organic production]

[F150 ANNEX VIIIa U.K. Products and substances authorised for use or addition in organic products of the wine sector referred to in Article 29c

a For the individual yeast strains: if available, derived from organic raw material.
b Derived from organic raw material if available.]
Type of treatment in accordance with Annex I A to Regulation (EC) No 606/2009	Name of products or substances	Specific conditions, restrictions within the limits and conditions set out in Regulation (EC) No 1234/2007 and Regulation (EC) No 606/2009
Point 1: Use for aeration or oxygenation	Air Gaseous oxygen
Point 3: Centrifuging and filtration	Perlite Cellulose Diatomeceous earth	Use only as an inert filtering agent
Point 4: Use in order to create an inert atmosphere and to handle the product shielded from the air	Nitrogen Carbon dioxide Argon
Points 5, 15 and 21: Use	Yeasts a , yeast cell walls
Point 6: Use	Di-ammonium phosphate Thiamine hydrochloride Yeast autolysates
Point 7: Use	Sulphur dioxide Potassium bisulphite or potassium metabi-sulphite	(a) The maximum sulphur dioxide content shall not exceed 100 milligrams per litre for red wines as referred to in point 1(a) of Part A of Annex I B to Regulation (EC) No 606/ 2009 and with a residual sugar level lower than 2 grams per litre; (b) The maximum sulphur dioxide content shall not exceed 150 milligrams per litre for white and rosé wines as referred to in point 1(b) of Part A of Annex I B to Regulation (EC) No 606/2009 and with a residual sugar level lower than 2 grams per litre; (c) For all other wines, the maximum sulphur dioxide content applied in accordance with Annex I B to Regulation (EC) No 606/2009 on 1 August 2010 , shall be reduced by 30 milligrams per litre.
Point 9: Use	Charcoal for oenological use
Point 10: Clarification	Edible gelatine b Plant proteins from wheat or peas b Isinglass b Egg white albumin b Tannins b Potato proteins b Yeast protein extracts b Casein Chitosan derived from Aspergillus niger Potassium caseinate Silicon dioxide Bentonite Pectolytic enzymes
Point 12: Use for acidification purposes	Lactic acid L(+)Tartaric acid
Point 13: Use for deacidification purposes	L(+)Tartaric acid Calcium carbonate Neutral potassium tartrate Potassium bicarbonate
Point 14: Addition	Aleppo pine resin
Point 17: Use	Lactic bacteria
Point 19: Addition	L-Ascorbic acid
Point 22: Use for bubbling	Nitrogen
Point 23: Addition	Carbon dioxide
Point 24: Addition for wine stabilisation purposes	Citric acid
Point 25: Addition	Tannins b
Point 27: Addition	Meta-tartaric acid
Point 28: Use	Acacia gum b (= gum arabic)
Point 30: Use	Potassium bitartrate
Point 31: Use	Cupric citrate
Point 35: Use	Yeast mannoproteins
Point 38: Use	Oak chips
Point 39: Use	Potassium alginate
Point 44: Use	Chitosan derived from Aspergillus niger
Point 51: Use	Inactivated yeast
Type of treatment in accordance with Annex III, point A(2)(b) to Regulation (EC) No 606/2009	Calcium sulphate	Only for ‘ vino generoso ’ or ‘ vino generoso de licor ’

ANNEX IX U.K. Ingredients of agricultural origin which have not been produced organically referred to in Article 28

1. UNPROCESSED VEGETABLE PRODUCTS AS WELL AS PRODUCTS DERIVED THEREFROM BY PROCESSES U.K.

1.1. Edible fruits, nuts and seeds: U.K.

acorns	Quercus spp.
cola nuts	Cola acuminata
gooseberries	Ribes uva-crispa
maracujas (passion fruit)	Passiflora edulis
raspberries (dried)	Rubus idaeus
red currants (dried)	Ribes rubrum

1.2. Edible spices and herbs: U.K.

pepper (Peruvian)	Schinus molle L.
horseradish seeds	Armoracia rusticana
lesser galanga	Alpinia officinarum
safflower flowers	Carthamus tinctorius
watercress herb	Nasturtium officinale

1.3. Miscellaneous: U.K.

Algae, including seaweed, permitted in non-organic foodstuffs preparation

2. VEGETABLE PRODUCTS U.K.

2.1. Fats and oils whether or not refined, but not chemically modified, derived from plants other than: U.K.

cocoa	Theobroma cacao
coconut	Cocos nucifera
olive	Olea europaea
sunflower	Helianthus annuus
palm	Elaeis guineensis
rape	Brassica napus, rapa
safflower	Carthamus tinctorius
sesame	Sesamum indicum
soya	Glycine max

2.2. The following sugars, starches and other products from cereals and tubers: U.K.

• fructose

• rice paper

• unleavened bread paper

• starch from rice and waxy maize, not chemically modified

2.3. Miscellaneous: U.K.

• pea protein Pisum spp.

• rum, only obtained from cane sugar juice

• kirsch prepared on the basis of fruits and flavourings as referred to in Article 27(1)(c).

3. ANIMAL PRODUCTS U.K.

aquatic organisms, not originating from aquaculture, and permitted in no-organic foodstuffs preparation

• gelatin

• whey powder ‘herasuola’

• casings

ANNEX X U.K. Species for which organically produced seed or seed potatoes are available in sufficient quantities and for a significant number of varieties in all parts of the Community referred to in Article 45(3)

[F100 ANNEX XI U.K.

F157 A. Organic logo of the EU, referred to in Article 57 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157 Annex 11 Pt. A omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(59)(a); 2020 c. 1, Sch. 5 para. 1(1)

B. Code numbers referred to in Article 58 U.K.

The general format of the code numbers is as follows:

AB-CDE-999 U.K.

Where:

1.

‘ AB ’ is the ISO code as specified in Article 58(1)(a) for the country where the controls take place; and

2.

‘ CDE ’ is a term, indicated in three letters to be decided by the [F158 relevant authority], like ‘ bio ’ or ‘ öko ’ or ‘ org ’ or ‘ eko ’ establishing a link with the organic production method as specified in Article 58(1)(b); and

3.

‘ 999 ’ is the reference number, indicated in maximum three digits, to be attributed, as specified in Article 58(1)(c) by:

(a)

[F159 the] competent authority to the Control Authorities or Control Bodies to which they have delegated control tasks in accordance with Article 27 of Regulation (EC) No 834/2007;

(b)

the [F160 relevant authority], to:

(i)

the Control Authorities and Control Bodies referred to in Article 3(2)(a) of Commission Regulation (EC) No 1235/2008 (26) and listed in [F161 the Article 3 list];

(ii)

the third countries’ competent authorities or Control Bodies referred to in Article 7(2)(f) of Regulation (EC) No 1235/2008 and listed in [F162 the Article 7 list];

(iii)

the Control Authorities and Control Bodies referred to in Article 10(2)(a) of Regulation (EC) No 1235/2008, and listed in [F163 the Article 10 list];

(c)

F164 ...

Textual Amendments

F158 Words in Annex 11 Pt. B para. 2 substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(59)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F159 Word in Annex 11 Pt. B para. 3(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(59)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F160 Words in Annex 11 Pt. B para. 3(b) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(59)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F161 Words in Annex 11 Pt. B para. 3(b)(i) substituted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 3(3)(a)

F162 Words in Annex 11 Pt. B para. 3(b)(ii) substituted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 3(3)(b)

F163 Words in Annex 11 Pt. B para. 3(b)(iii) substituted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 3(3)(c)

F164 Annex 11 Pt. B para. 3(c) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(59)(b)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

The [F165 relevant authority] shall make the code numbers available to the public by any appropriate technical means, including publication on the Internet.]

Textual Amendments

F165 Words in Annex 11 Pt. B substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(59)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F1 ANNEX XII U.K. Model of documentary evidence to the operator according to Article 29(1) of Regulation (EC) No 834/2007 referred to in [F111 Article 68(1)] of this Regulation]

[F112 ANNEX XIIa U.K. Model of complementary documentary evidence to the operator according to Article 29(1) of Regulation (EC) No 834/2007 referred to in Article 68(2) of this Regulation

ANNEX XIIb U.K.

Entry referred to in the second subparagraph of Article 68(2):

F166 ...

:

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:

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:

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:

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:

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:

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:

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— In English

:

Animal products produced without the use of antibiotics

F166 ...

:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

F166 ...]

Textual Amendments

F166 Words in Annex 12b omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(60); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX XIII U.K. Model of a vendor declaration referred to in Article 69

Vendor declaration according to Article 9(3) of Council Regulation (EC) No 834/2007
Name, address of vendor:
Identification (e.g. lot or stock number):	Product name:
Components: (Specify all components existing in the product/used the last in the production process) ……………… ……………… ……………… ……………… ………………
I declare that this product was manufactured neither ‘from’ nor ‘by’ GMOs as those terms are used in Articles 2 and 9 of Council Regulation (EC) No 834/2007. I do not have any information which could suggest that this statement is inaccurate. Thus, I declare that the above named product complies with Article 9 of Regulation (EC) No 834/2007 regarding the prohibition on the use of GMOs. I undertake to inform our customer and its control body/authority immediately if this declaration is withdrawn or modified, or if any information comes to light which would undermine its accuracy. I authorise the control body or control authority, as defined in Article 2 of Council Regulation (EC) No 834/2007, which supervises our customer to examine the accuracy of this declaration and if necessary to take samples for analytic proof. I also accept that this task may be carried out by an independent institution which has been appointed in writing by the control body. The undersigned takes responsibility for the accuracy of this declaration.
Country, place, date, signature of vendor:	Company stamp of vendor (if appropriate):

[F4 ANNEX XIIIa U.K.

Section 1 U.K.

Organic production of salmonids in fresh water:

Brown trout (Salmo trutta) — Rainbow trout (Oncorhynchus mykiss) — American brook trout (Salvelinus fontinalis) — Salmon (Salmo salar) — Charr (Salvelinus alpinus) — Grayling (Thymallus thymallus) — American lake trout (or grey trout) (Salvelinus namaycush) — Huchen (Hucho hucho)

Production system	Ongrowing farm systems must be fed from open systems. The flow rate must ensure a minimum of 60 % oxygen saturation for stock and must ensure their comfort and the elimination of farming effluent.
Maximum stocking density	Salmonid species not listed below 15 kg/m 3 Salmon 20 kg/m 3 Brown trout and Rainbow trout 25 kg/m 3 [F33 Arctic charr 25 kg/m 3]

Section 2 U.K.

Organic production of salmonids in sea water:

Salmon (Salmo salar) , Brown trout (Salmo trutta) — Rainbow trout (Oncorhynchus mykiss)

Maximum stocking density	10 kg/m 3 in net pens

Section 3 U.K.

Organic production of cod (Gadus morhua) and other Gadidae, sea bass (Dicentrarchus labrax) , sea bream (Sparus aurata) , meagre (Argyrosomus regius) , turbot (Psetta maxima [= Scopthalmus maximux]) , red porgy (Pagrus pagrus [= Sparus pagrus]) , red drum (Sciaenops ocellatus) and other Sparidae, and spinefeet ( Siganus spp.)

Production system	In open water containment systems (net pens/cages) with minimum sea current speed to provide optimum fish welfare or in open systems on land.
Maximum stocking density	For fish other than turbot: 15 kg/m 3 For turbot: 25 kg/m 2

Section 4 U.K.

Organic production of sea bass, sea bream, meagre, mullets (Liza, Mugil) and eel ( Anguilla spp. ) in earth ponds of tidal areas and costal lagoons

Containment system	Traditional salt pans transformed into aquaculture production units and similar earth ponds in tidal areas
Production system	There shall be adequate renewal of water to ensure the welfare of the species, At least 50 % of the dikes must have plant cover Wetland based depuration ponds required
Maximum stocking density	4 kg/m 3

Section 5 U.K.

Organic production of Sturgeon in fresh water:

Species concerned: Acipenser family

Production system	Water flow in each rearing unit shall be sufficient to ensure animal welfare Effluent water to be of equivalent quality to incoming water
Maximum stocking density	30 kg/m 3

Section 6 U.K.

Organic production of fish in inland waters:

Species concerned: Carp family (Cyprinidae) and other associated species in the context of polyculture, including perch, pike, catfish, coregonids, sturgeon.

Production system

In fishponds which shall periodically be fully drained and in lakes. Lakes must be devoted exclusively to organic production, including the growing of crops on dry areas. The fishery capture area must be equipped with a clean water inlet and of a size to provide optimal comfort for the fish. The fish must be stored in clean water after harvest. Organic and mineral fertilisation of the ponds and lakes shall be carried out in compliance with Annex I to Regulation (EC) No 889/2008 with a maximum application of 20 kg Nitrogen/ha. Treatments involving synthetic chemicals for the control of hydrophytes and plant coverage present in production waters are prohibited. Areas of natural vegetation shall be maintained around inland water units as a buffer zone for external land areas not involved in the farming operation in accordance with the rules of organic aquaculture. For grow-out ‘ polyculture ’ shall be used on condition that the criteria laid down in the present specifications for the other species of lakes fish are duly adhered to.

Farming yield

The total production of species is limited to 1 500 kg of fish per hectare per year.

Section 7 U.K.

Organic production of penaeid shrimps and freshwater prawns ( Macrobrachium spp.):

Establishment of production unit/s	Location to be in sterile clay areas to minimise environmental impact of pond construction. Ponds to be built with the natural pre-existing clay. Mangrove destruction is not permitted.
Conversion time	Six months per pond, corresponding to the normal lifespan of a farmed shrimp.
Broodstock origin	A minimum of half the broodstock shall be domesticated after three years operating The remainder is to be pathogen free wild broodstock originating from sustainable fisheries. A compulsory screening to be implemented on the first and second generation prior to introducing to the farm.
Eyestalk ablation	Is prohibited.
Maximum on farm stocking densities and production limits	Seeding: maximum 22 post larvae/m 2 Maximum instantaneous biomass: 240 g/m 2

[F34 Section 7a U.K.

Organic production of crayfish:

Species concerned: Astacus astacus , Pacifastacus leniusculus .

Maximum stocking density:

For small-sized crayfish (< 20 mm): 100 individuals per m 2 . For crayfish of intermediate size (20-50 mm): 30 individuals per m 2 . For adult crayfish (> 50 mm): 10 individuals per m 2 , provided that adequate hiding places are available.]

Section 8 U.K.

Molluscs and echinoderms:

Production systems

Long-lines, rafts, bottom culture, net bags, cages, trays, lantern nets, bouchot poles and other containment systems. For mussel cultivation on rafts the number of drop-ropes shall not exceed one per square meter of surface area. The maximum drop-rope length shall not exceed 20 metres. Thinning-out of drop-ropes shall not take place during the production cycle, however sub-division of drop ropes shall be permitted without increasing stocking density at the outset.

Section 9 U.K.

Tropical fresh water fish: milkfish (Chanos chanos) , tilapia ( Oreochromis spp.), siamese catfish ( Pangasius spp.):

Production systems	Ponds and net cages
Maximum stocking density	Pangasius: 10 kg/m 3 Oreochromis: 20 kg/m 3

Section 10 U.K.

Other aquaculture animal species: none]

[F6 ANNEX XIIIb U.K. Topics to be covered by the national competent authority in the organic data referred to in Article 92f

1. Information on the competent authority for the organic production U.K.

• which body is the competent authority

• resources available to the competent authority

• description of audits performed by the competent authority (how, by whom)

• documented procedure of the competent authority

2. Description of the control system for organic production U.K.

• system of control bodies and/or control authorities

• registered operators covered by the control system — minimum annual inspection

• how is the risk based approach applied

3. Information on control bodies/authorities U.K.

• list of control bodies/authorities

• tasks delegated to the control bodies/conferred to control authorities

• supervision of delegated control bodies (by whom and how)

• coordination of activities in case of more than one control body/authority

• training of staff performing the controls

• announced/unannounced inspections and visits]

F167 ANNEX XIIIc U.K. Templates for the organic data referred to under Article 92f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Annex 13c omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(61); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX XIV U.K. Correlation Table referred to in Article 96

Regulation (EEC) No 2092/91	(1) Regulation (EC) No 207/93(2) Regulation (EC) No 223/2003(3) Regulation (EC) No 1452/2003	This Regulation
—		Article 1
—		Article 2(a)
Article 4(15)		Article 2(b)
Annex III, C (first indent)		Article 2(c)
Annex III, C (second indent)		Article 2(d)
—		Article 2(e)
—		Article 2(f)
—		Article 2(g)
—		Article 2(h)
Article 4(24)		Article 2(i)
—		Article 3(1)
Annex I.B, 7.1 and 7.2		Article 3(2)
Annex I.B, 7.4		Article 3(3)
Annex I.A, 2.4		Article 3(4)
Annex I.A, 2.3		Article 3(5)
—		Article 4
Article 6(1), Annex I.A, 3		Article 5
Annex I.A, 5		Article 6
Annex I.B and C (titles)		Article 7
Annex I.B, 3.1		Article 8(1)
Annex I.C, 3.1		Article 8(2)
Annex I.B, 3.4, 3.8, 3.9, 3.10, 3.11		Article 9(1) to (4)
Annex I.C, 3.6		Article 9(5)
Annex I.B, 8.1.1		Article 10(1)
Annex I.B, 8.2.1		Article 10(2)
Annex I.B, 8.2.2		Article 10(3)
Annex I.B, 8.2.3		Article 10(4)
Annex I.B, 8.3.5		Article 11(1)
Annex I.B, 8.3.6		Article 11(2)
Annex I.B, 8.3.7		Article 11(3)
Annex I.B, 8.3.8		Article 11(4), (5)
Annex I.B, 6.1.9, 8.4.1 to 8.4.5		Article 12(1) to (4)
Annex I.B, 6.1.9		Article 12(5)
Annex I.C, 4, 8.1 to 8.5		Article 13
Annex I.B, 8.1.2		Article 14
Annex I.B, 7.1, 7.2		Article 15
Annex I.B, 1.2		Article 16
Annex I.B, 1.6		Article 17(1)
Annex I.B, 1.7		Article 17(2)
Annex I.B, 1.8		Article 17(3)
Annex I.B, 4.10		Article 17(4)
Annex I.B, 6.1.2		Article 18(1)
Annex I.B, 6.1.3		Article 18(2)
Annex I.C, 7.2		Article 18(3)
Annex I.B, 6.2.1		Article 18(4)
Annex I.B, 4.3		Article 19(1)
Annex I.C, 5.1, 5.2		Article 19(2) to (4)
Annex I.B, 4.1, 4.5, 4.7 and 4.11		Article 20
Annex I.B, 4.4		Article 21
Article 7		Article 22
Annex I.B, 3.13, 5.4, 8.2.5 and 8.4.6		Article 23
Annex I.B, 5.3, 5.4, 5.7 and 5.8		Article 24
Annex I.C, 6		Article 25
Annex III, E.3 and B		Article 26
Article 5(3) and Annex VI, part A and B		Article 27
Article 5(3)		Article 28
Article 5(3)	(1): Article 3	Article 29
Annex III, B.3		Article 30
Annex III.7		Article 31
Annex III, E.5		Article 32
Annex III.7a		Article 33
Annex III, C.6		Article 34
Annex III.8 and A.2.5		Article 35
Annex I.A, 1.1 to 1.4		Article 36
Annex I.B, 2.1.2		Article 37
Annex I.B, 2.1.1, 2.2.1,2.3 and Annex I.C, 2.1, 2.3		Article 38
Annex I.B, 6.1.6		Article 39
Annex III, A1.3 and b		Article 40
Annex I.C, 1.3		Article 41
Annex I.B, 3.4 (first indent and 3.6(b))		Article 42
Annex I.B, 4.8		Article 43
Annex I.C, 8.3		Article 44
Article 6(3)		Article 45
	(3): Article 1(1), (2)	Article 45(1), (2)
	(3): Article 3(a)	Article 45(1)
	(3): Article 4	Article 45(3)
	(3): Article 5(1)	Article 45(4)
	(3): Article 5(2)	Article 45(5)
	(3): Article 5(3)	Article 45(6)
	(3): Article 5(4)	Article 45(7)
	(3): Article 5(5)	Article 45(8)
Annex I.B, 8.3.4		Article 46
Annex I.B, 3.6(a)		Article 47(1)
Annex I.B, 4.9		Article 47(2)
Annex I.C, 3.5		Article 47(3)
	(3): Article 6	Article 48
	(3): Article 7	Article 49
	(3): Article 8(1)	Article 50(1)
	(3): Article 8(2)	Article 50(2)
	(3): Article 9(1)	Article 51(1)
	(3): Article 9(2), (3)	Article 51(2)
		Article 51(3)
	(3): Article 10	Article 52
	(3): Article 11	Article 53
	(3): Article 12(1)	Article 54(1)
	(3): Article 12(2)	Article 54(2)
	(3): Article 13	Article 55
	(3): Article 14	Article 56
		Article 57
		Article 58
	(2): Article 1 and Article 5	Article 59
	(2): Article 5 and 3	Article 60
	(2): Article 4	Article 61
Article 5(5)		Article 62
Annex III.3		Article 63
Annex III.4		Article 64
Annex III.5		Article 65
Annex III.6		Article 66
Annex III.10		Article 67
—		Article 68
—		Article 69
Annex III, A.1.		Article 70
Annex III, A.1.2.		Article 71
—		Article 72
Annex III, A.1.3		Article 73
Annex III, A.2.1		Article 74
Annex III, A.2.2		Article 75
Annex III, A.2.3		Article 76
Annex I.B, 5.6		Article 77
Annex I.C, 5.5,6.7,7.7,7.8		Article 78
Annex III, A.2.4		Article 79
Annex III, B.1		Article 80
Annex III, C		Article 81
Annex III, C.1		Article 82
Annex III, C.2		Article 83
Annex III, C.3		Article 84
Annex III, C.5		Article 85
Annex III, D		Article 86
Annex III, E		Article 87
Annex III, E.1		Article 88
Annex III, E.2		Article 89
Annex III, E.4		Article 90
Annex III, 9		Article 91
Annex III, 11		Article 92
		Article 93
—		Article 94
Annex I.B, 6.1.5		Article 95(1)
Annex I.B, 8.5.1		Article 95(2)
—		Article 95(3)-(8)
—		Article 95
—		Article 96
—		Article 97
Annex II, part A		Annex I
Annex II, part B		Annex II
Annex VIII		Annex III
Annex VII		Annex IV
Annex II, part C		Annex V
Annex II, part D		Annex VI
Annex II, part E		Annex VII
Annex VI, part A and B		Annex VIII
Annex VI, part C		Annex IX
—		Annex X
—		Annex XI
—		Annex XIII
—		Annex IX

(1)

OJ L 189, 20.7.2007, p. 1.

(2)

OJ L 198, 22.7.1991, p. 1.

(3)

OJ L 165, 30.4.2004, p. 1. Corrected by OJ L 191, 28.5.2004, p. 1.

(4)

OJ L 25, 2.2.1993, p. 5.

(5)

OJ L 206, 15.8.2003, p. 17.

(6)

OJ L 31, 6.2.2003, p. 3.

(7)

OJ L 311, 28.11.2001, p. 1.

(8)

[F4 OJ L 164, 25.6.2008, p. 19 .]

(9)

[F4 OJ L 327, 22.12.2000, p. 1 .]

(10)

[F4 OJ L 168, 28.6.2007, p. 1 .]

(11)

[F9 Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( OJ L 139, 30.4.2004, p. 1 ).]

(12)

OJ L 375, 31.12.1991, p. 1.

(13)

OJ L 368, 23.12.2006, p. 15.

(14)

[F4 OJ L 206, 22.7.1992, p. 7 .]

(15)

[F4 [F34 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC ( OJ L 354, 28.12.2013, p. 22 )] ]

(16)

[F31 Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 ( OJ L 181, 29.6.2013, p. 35 ).]

(17)

[F57 OJ L 299, 16.11.2007, p. 1 .]

(18)

[F57 OJ L 193, 24.7.2009, p. 1 .]

(19)

[F57 OJ L 193, 24.7.2009, p. 60 .]

(20)

[F83 Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council ( OJ L 149, 20.5.2014, p. 1 ).]

(21)

[F5 OJ L 25, 28.1.2011, p. 8 .]

(22)

[F6 OJ L 218, 13.8.2008, p. 30 .]

(23)

[F150 Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances ( OJ L 153, 11.6.2011, p. 1 ).]

(24)

[F1 [F33 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products ( OJ L 167, 27.6.2012, p. 1 ).] ]

(25)

[F1 [F33 Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products ( OJ L 311, 28.11.2001, p. 1 ).] ]

(26)

[F100 OJ L 334, 12.12.2008, p. 25 .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F4 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F5 Substituted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F6 Inserted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.

F9 Inserted by Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (Text with EEA relevance).

F31 Substituted by Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending 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 (Text with EEA relevance).

F33 Substituted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

F34 Inserted by Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (Text with EEA relevance).

F57 Inserted by Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine.

F83 Inserted by Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending 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 (Text with EEA relevance).

F100 Substituted by Commission Regulation (EU) No 271/2010 of 24 March 2010 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards the organic production logo of the European Union.

F150 Substituted by Commission Implementing Regulation (EU) 2019/2164 of 17 December 2019 amending 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 (Text with EEA relevance).