- Latest available (Revised)
- Original (As adopted by EU)
Commission Implementing Regulation (EU) No 354/2014Show full title
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
You are here:
- Regulations originating from the EU
- 2014 No. 354
- Whole Regulation
- Previous
- Next
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Legislation originating from the EU
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
This item of legislation originated from the EU
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Changes over time for: Commission Implementing Regulation (EU) No 354/2014
Changes to legislation:
This version of this Regulation was derived from EUR-Lex on IP completion day (31 December 2020 11:00 p.m.). It has not been amended by the UK since then. Find out more about legislation originating from the EU as published on legislation.gov.uk.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(1), and in particular Articles 12(3), 14(2), 16(1) and (3)(a) thereof,
Whereas:
(1) Chapter 2 of Title III of Regulation (EC) No 834/2007 lays down basic requirements with regard to farm production. The detailed rules for the implementation of those basic requirements have been established by Commission Regulation (EC) No 889/2008(2).
(2) Article 12 of Regulation (EC) No 834/2007 allows the use of farm-inputs such as fertilisers, soil conditioners and plant protection products under certain conditions, provided that they have been authorised for use in organic production. In accordance with the procedure provided for in Article 16(3) of that Regulation, Member States have submitted dossiers to the other Member States and the Commission, in view of including certain products in Annexes I and II to Regulation (EC) No 889/2008. Those dossiers have been examined by the Expert group for technical advice for organic production (hereinafter ‘EGTOP’).
(3) Based on the recommendations of the EGTOP(3), which concluded as regards fertilisers and soil conditioners that the substances biogas digestate, hydrolysed proteins from animal by-product origin, leonardite, chitin and sapropel comply with the organic objectives and principles, those substances should be included in Annex I to Regulation (EC) No 889/2008 for use under certain specific conditions.
(4) Based on the recommendations of the EGTOP, the limit of ‘0’ for chromium (VI) relating to certain substances listed in Annex I to Regulation (EC) No 889/2008 should be replaced with ‘not detectable’.
(5) For plant protection products, the EGTOP concluded in its recommendations(4) that the substances sheep fat, laminarin and aluminium silicate (Kaolin) comply with the organic objectives and principles. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008 for use under certain specific conditions.
(6) As regards the horizontal legislation for plant protection products, Commission Implementing Regulation (EU) No 540/2011(5) established a Union list of active substances previously included in Annex I to Council Directive 91/414/EEC(6) and of active substances approved under Regulation (EC) No 1107/2009 of the European Parliament and of the Council(7). It is appropriate to adapt the relevant parts of Annex II to Regulation (EC) No 889/2008 to that list. In particular, gelatine, rotenone extracted from Derris spp. and Lonchocarpus spp. and Terphrosia spp., diammonium phosphate, copper octanoate, potassium aluminium (aluminium sulphate, kalinite), mineral oils and potassium permanganate should be deleted from that Annex.
(7) As regards the active substances lecithin, quassia extracted from Quassia amara and calcium hydroxide for which applications for approval have been already submitted to the Commission under Regulation (EC) No 1107/2009, it is appropriate at this stage to keep them exceptionally on the list in Annex II to Regulation (EC) No 889/2008 until their assessment is finalised. In view of the conclusions of the assessment the Commission will take appropriate action regarding the presence of the three substances concerned on the list in Annex II to Regulation (EC) No 889/2008.
(8) In the light of that horizontal legislation, it is also appropriate to adapt the name, description, compositional requirement and conditions of use for certain substances and micro-organisms listed in Annex II to Regulation (EC) No 889/2008, in particular for, plant oils, micro-organisms used for biological pest and disease control, pheromones, copper, ethylene, paraffin oil and potassium bicarbonate.
(9) Article 24(2) of Regulation (EC) No 889/2008 was amended by Commission Implementing Regulation (EU) No 505/2012(8) in order to update the references to Annexes V and VI to Regulation (EC) No 889/2008, which had been replaced by Implementing Regulation (EU) No 505/2012. In the amended wording of Article 24(2) of Regulation (EC) No 889/2008, ‘homeopathic products’ had erroneously been omitted. Since those products appeared in that provision before the amendment by Implementing Regulation (EU) No 505/2012, they need to be reinserted.
(10) In Annex V to Regulation (EC) No 889/2008 as amended by Implementing Regulation (EU) No 505/2012, the former entries defluorinated monocalciumphosphate and defluorinated dicalciumphosphate have been erroneously replaced by a generic description, namely defluorinated phosphate. However, defluorinated phosphate is not equivalent to the products defluorinated monocalciumphosphate and defluorinated dicalciumphosphate. Therefore, those two products should be reinserted into Annex V to Regulation (EC) No 889/2008 and defluorinated phosphate deleted.
(11) Commission Implementing Regulation (EU) No 651/2013(9) has deleted the former authorisation for clinoptilolite from Commission Regulation (EC) No 1810/2005(10), has expanded its use as an additive in animal nutrition to all animal species and has changed its code to 1g568. Therefore, in order to allow a continuous use of clinoptilolite in organic production, Annex VI to Regulation (EC) No 889/2008 needs to be adapted in accordance with Implementing Regulation (EU) No 651/2013.
(12) Regulation (EC) No 889/2008 should therefore be amended and corrected accordingly.
(13) For the sake of legal certainty, the correction of Article 24(2) and Annex V to Regulation (EC) No 889/2008 should apply from the date of entry into force of Implementing Regulation (EU) No 505/2012.
(14) The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,
HAS ADOPTED THIS REGULATION:
Article 1U.K.Amendment of Regulation (EC) No 889/2008
Annexes I, II, and VI to Regulation (EC) No 889/2008 are amended in accordance with points 1, 2 and 4 of the Annex to this Regulation.
Article 2U.K.Correction of Regulation (EC) No 889/2008
Regulation (EC) No 889/2008 is corrected as follows:
(1)
in Article 24, paragraph 2 is replaced by the following:
‘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.’;
(2)
Annex V is amended in accordance with point 3 of the Annex to this Regulation.
Article 3U.K.Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
However, Article 2 shall apply from 16 June 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 April 2014.
For the Commission
The President
José Manuel Barroso
ANNEXU.K.
Annexes I, II, V and VI to Regulation (EC) No 889/2008 are amended as follows:
(1)
Annex I is amended as follows:
(a)
the row relating to ‘Composted or fermented household waste’ is replaced by the following:
| ‘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 system, accepted by the Member State 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)
after the row relating to ‘Composted or fermented mixture of vegetable matter’, the following row is inserted:
| a Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1). | ||
| b 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 | 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 142/2011b. Not to be applied to edible parts of the crop |
(c)
the row relating to ‘Products or by-products of animal origin as below’ is replaced by the following:
(d)
the following rows are added:
| a Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2012, p. 59).’; | ||
| ‘B | Leonardite (Raw organic sediment rich in humic acids) | Only if obtained as a by-product of mining activities |
| B | Chitin (Polysaccharide obtained from the shell of crustaceans) | Only if obtained from sustainable fisheries, as defined in Article 3(e) of Council Regulation (EC) No 2371/2002a 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 |
(2)
Annex II is amended as follows:
(a)
Sections 1 and 2 are replaced by the following:
‘1. Substances of crop or animal origin
| a 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). | ||
| Authorisation | Name | Description, compositional requirement, conditions for use |
|---|---|---|
| A | Azadirachtin extracted from Azadirachta indica (Neem tree) | Insecticide |
| A | Beeswax | Pruning agent |
| B | Hydrolysed proteins excluding gelatine | Attractant, only in authorised applications in combination with other appropriate products of this list |
| A | Lecithin | Fungicide |
| B | Plant oils | Insecticide, acaricide, fungicide, bactericide and sprout inhibitor. Products as specified in the Annex to Commission Implementing Regulation (EU) No 540/2011a |
| A | Pyrethrins extracted from Chrysanthemum cinerariaefolium | Insecticide |
| A | Quassia extracted from Quassia amara | Insecticide, repellent |
2. Micro-organisms used for biological pest and disease control
| Authorisation | Name | Description, compositional requirement, conditions for use |
|---|---|---|
| A | Micro-organisms | Products as specified in the Annex to Implementing Regulation (EU) No 540/2011 and not from GMO origin’ |
(b)
Section 4 is replaced by the following:
‘4. Substances to be used in traps and/or dispensers
| Authorisation | Name | Description, compositional requirement, conditions for use |
|---|---|---|
| A | Pheromones | Attractant, sexual behaviour disrupter; only in traps and dispensers. Products as specified in the Annex to Implementing Regulation (EU) No 540/2011 (numbers 255, 258 and 259) |
| A | Pyrethroids (only deltamethrin or lambdacyhalothrin) | Insecticide; only in traps with specific attractants; only against Bactrocera oleae and Ceratitis capitata Wied.’ |
(c)
Sections 6 and 7 are replaced by the following:
‘6. Other substances from traditional use in organic farming
| Authorisation | Name | Description, compositional requirement, conditions for use |
|---|---|---|
| B | Copper compounds in the form of: copper hydroxide, copper oxychloride, copper oxide, Bordeaux mixture, and tribasic copper sulphate | Only uses as bactericide and fungicide up to 6 kg copper per ha per year. For perennial crops, Member States may, by derogation from the first paragraph, provide that the 6 kg copper limit can be exceeded in a given year provided that the average quantity actually used over a 5-year period consisting of that year and of the four preceding years does not exceed 6 kg. Risk mitigation measures shall be taken to protect water and non-target organisms such as buffer zones. Products as specified in the Annex to Implementing Regulation (EU) No 540/2011 (number 277) |
| A | Ethylene | Degreening bananas, kiwis and kakis; degreening of citrus fruit only as part of a strategy for the prevention of fruit fly damage in citrus; flower induction of pineapple; sprouting inhibition in potatoes and onions. Only indoor uses as plant growth regulator may be authorised. Authorisations shall be limited to professional users. |
| A | Fatty acid potassium salt (soft soap) | Insecticide |
| A | Lime sulphur (calcium polysulphide) | Fungicide |
| A | Paraffin oil | Insecticide, acaricide Products as specified in the Annex to Implementing Regulation (EU) No 540/2011 (numbers 294 and 295) |
| A | Quartz sand | Repellent |
| A | Sulphur | Fungicide, acaricide |
| B | Repellents by smell of animal or plant origin/sheep fat | Repellent Only on non-edible parts of the crop and where crop material is not ingested by sheep or goats Products as specified in the Annex to Implementing Regulation (EU) No 540/2011 (number 249) |
7. Other substances
| Authorisation | Name | Description, compositional requirement, conditions for use |
|---|---|---|
| B | Aluminium silicate (Kaolin) | Repellent |
| A | Calcium hydroxide | Fungicide only in fruit trees, including nurseries, to control Nectria galligena |
| B | Laminarin | Elicitor of crop's self defence mechanisms Kelp shall be either grown organically in accordance with Article 6d or harvested in a sustainable way in accordance with Article 6c |
| B | Potassium hydrogen carbonate (aka potassium bicarbonate) | Fungicide and insecticide’ |
(3)
in Annex V, Section 1 is replaced by the following:
‘1.FEED MATERIALS OF MINERAL ORIGIN
| 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’ |
(4)
in Annex VI, Section (1)(d) ‘Binders, anti-caking agents and coagulants’, the entry on clinoptilolite is replaced by the following:
| Authorisation | ID number | Substance | Description, conditions for use | |
|---|---|---|---|---|
| ‘B | 1 | 1g568 | Clinoptilolite of sedimentary origin, [All species]’ | |
(2)
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 (OJ L 250, 18.9.2008, p. 1).
(3)
Final report:
http://ec.europa.eu/agriculture/organic/files/eu-policy/expert-recommendations/expert_group/final_report_on_fertilizers_to_be_published_en.pdf
(4)
Final report:
http://ec.europa.eu/agriculture/organic/files/eu-policy/expert-recommendations/expert_group/final_report_on_plant_protection_products.pdf
(5)
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).
(6)
Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
(7)
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).
(8)
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 (OJ L 154, 15.6.2012, p. 12).
(9)
Commission Implementing Regulation (EU) No 651/2013 of 9 July 2013 concerning the authorisation of clinoptilolite of sedimentary origin as a feed additive for all animal species and amending Regulation (EC) No 1810/2005 (OJ L 189, 10.7.2013, p. 1).
(10)
Commission Regulation (EC) No 1810/2005 of 4 November 2005 concerning a new authorisation for 10 years of an additive in feedingstuffs, the permanent authorisation of certain additives in feedingstuffs and the provisional authorisation of new uses of certain additives already authorised in feedingstuffs (OJ L 291, 5.11.2005, p. 5).
Options/Help
Print Options
PrintThe Whole Regulation
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the EU Official Journal
- lists of changes made by and/or affecting this legislation item
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.