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Commission Implementing Regulation (EU) 2020/464
of 26 March 2020
laying down certain rules for the application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the documents needed for the retroactive recognition of periods for the purpose of conversion, the production of organic products and information to be provided by Member States
CHAPTER I
CONVERSION
Article 1
Documents to be supplied for the purpose of the retroactive recognition of a previous period
CHAPTER II
LIVESTOCK
SECTION 1
BOVINE ANIMALS, OVINE ANIMALS, CAPRINE ANIMALS AND EQUINE ANIMALS
Article 2
Minimum period for feeding with maternal milk
The minimum period referred to in point 1.4.1.(g) of Part II of Annex II to Regulation (EU) 2018/848 for feeding suckling animals preferably with maternal milk shall be:
Article 3
Stocking density and minimum surface for indoor and outdoor areas
For bovine animals, ovine animals, caprine animals and equine animals, the stocking density and the minimum surface for indoor and outdoor areas shall be as set out in Part I of Annex I.
Article 4
Characteristics of and technical requirements for the minimum surface for the indoor area
At least half of the minimum surface of the indoor area laid down in Part I of Annex I for bovine animals, ovine animals, caprine animals and equine animals shall consist of a solid construction, that is to say, not of a slatted or grid construction.
SECTION 2
CERVINE ANIMALS
Article 5
Minimum period for feeding with maternal milk
The minimum period referred to in point 1.4.1.(g) of Part II of Annex II to Regulation (EU) 2018/848 for feeding suckling cervine animals preferably with maternal milk shall be 90 days after birth.
Article 6
Stocking density and minimum surface for outdoor areas
For cervine animals, the stocking density and the minimum surface for outdoor areas shall be as set out in Part II of Annex I.
Article 7
Characteristics of and technical requirements for outdoor enclosures or pens
Article 8
Requirements for vegetation and characteristics of protected facilities and open air areas
SECTION 3
PORCINE ANIMALS
Article 9
Minimum period for feeding with maternal milk
The minimum period referred to in point 1.4.1.(g) of Part II of Annex II to Regulation (EU) 2018/848 for feeding suckling porcine animals preferably with maternal milk shall be 40 days after birth.
Article 10
Stocking density and minimum surface for indoor and outdoor areas
For porcine animals, the stocking density and the minimum surface for indoor and outdoor areas shall be as set out in Part III of Annex I.
Article 11
Characteristics of and technical requirements for the minimum surface for indoor and outdoor areas
At least half of the minimum surface of both the indoor area and the outdoor area laid down in Part III of Annex I shall consist of a solid construction, that is to say, not of a slatted or grid construction.
Article 12
Requirements for vegetation and characteristics of open air areas
SECTION 4
POULTRY
Article 13
Definitions
For the purposes of this Section, the following definitions shall apply:
Article 14
Stocking density and minimum surface for indoor and outdoor areas
For poultry, the stocking density and the minimum surface for indoor and outdoor areas shall be set out in Part IV of Annex I.
Article 15
Characteristics of and technical requirements for poultry houses
Article 16
Requirements for vegetation and characteristics of open air areas
SECTION 5
RABBITS
Article 17
Minimum period for feeding with maternal milk
The minimum period referred to in point 1.4.1.(g) of Part II of Annex II to Regulation (EU) 2018/848 for feeding suckling rabbits preferably with maternal milk shall be 42 days after birth.
Article 18
Stocking density and minimum surface for indoor and outdoor areas
For rabbits, the stocking density and the minimum surface for indoor and outdoor areas shall be as set out in Part V of Annex I.
Article 19
Characteristics of and technical requirements for mobile or fixed housing
Article 20
Characteristics of and technical requirements for indoor and outdoor areas
Article 21
Requirements for vegetation and characteristics and open air areas
CHAPTER III
AQUACULTURE ANIMALS
Article 22
Detailed rules for aquaculture animals per species or group of species
Operators that produce aquaculture animals shall comply with the detailed rules per species or per group of species set out in Annex II with respect to the stocking density and the specific characteristics of production systems and containment systems.
CHAPTER IV
PROCESSED FOOD AND FEED
Article 23
Techniques authorised in the processing of food products
The Commission shall regularly publish any request referred to in the first subparagraph.
Article 24
Techniques authorised for use in the processing of feed products
The Commission shall regularly publish any request referred to in the first subparagraph.
CHAPTER V
INFORMATION CONCERNING THE AVAILABILITY ON THE MARKET OF ORGANIC AND IN-CONVERSION PLANT REPRODUCTIVE MATERIAL, ORGANIC ANIMALS AND ORGANIC AQUACULTURE JUVENILES
Article 25
Information to be provided by Member States
CHAPTER VI
FINAL AND TRANSITIONAL PROVISIONS
Article 26
Transitional provisions
Article 27
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
RULES ON THE STOCKING DENSITY AND THE MINIMUM SURFACE FOR INDOOR AND OUTDOOR AREAS FOR LIVESTOCK AS REFERRED TO IN CHAPTER II
Part I: Stocking density and minimum surface for indoor and outdoor areas for bovine animals, ovine animals, caprine animals and equine animals as referred to in Article 3
1. Bovine animals
|
Indoor area (net area available to animals) |
Outdoor area (exercise area, excluding pasture) |
|
|
Live weight minimum (kg) |
m2/head |
m2/head |
|
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 |
2. Ovine animals and caprine animals
|
Indoor area (net area available to animals) |
Outdoor area (exercise area, excluding pasture) |
|
m2/head |
m2/head |
Sheep |
1,5 |
2,5 |
Lamb |
0,35 |
0,5 |
Goat |
1,5 |
2,5 |
Kid |
0,35 |
0,5 |
3. Equine animals
|
Indoor area (net area available to animals) |
Outdoor area (exercise area, excluding pasture) |
|
|
Live weight minimum (kg) |
m2/head [size of boxes according to height of horses] |
m2/head |
Breeding and fattening equine animals |
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 |
Part II: Stocking density and minimum surface for outdoor areas for cervine animals as referred to in Article 6
Cervine animals species |
Minimum surface for outdoor area per enclosure or per pen |
Stocking density maximum number of adult animals (*1) per ha |
Sika deer Cervus nippon |
1 ha |
15 |
Fallow deer Dama dama |
1 ha |
15 |
Red deer Cervus elaphus |
2 ha |
7 |
Père David’s deer Elaphurus davidianus |
2 ha |
7 |
More than one cervine species |
3 ha |
7 in case red deer or Père David’s deer are part of the herd; 15 in case neither red deer nor Père David’s deer are part of the herd |
Part III: Stocking density and minimum surface for indoor and outdoor areas for porcine animals as referred to in Article 10
|
|
Indoor area (net area available to porcine animals meaning inside dimensions including troughs but excluding feeders in which porcine animals cannot lie down) |
Outdoor area |
|
Live weight minimum (kg) |
m2/head |
m2/head |
Farrowing sows with piglets until weaning |
|
7,5 per sow |
2,5 |
Fattening porcine animals Weaners, rearing pigs, gilts, rearing boars |
Not more than 35 kg |
0,6 |
0,4 |
More than 35 kg but not more than 50 kg |
0,8 |
0,6 |
|
More than 50 kg but not more than 85 kg |
1,1 |
0,8 |
|
More than 85 kg but not more than 110 kg |
1,3 |
1 |
|
More than 110 kg |
1,5 |
1,2 |
|
Female brood porcine animal Dry pregnant sows |
|
2,5 |
1,9 |
Male brood porcine animal Boar |
|
6 10 if pens are used for natural service |
8 |
Part IV: Stocking density and minimum surface for indoor and outdoor areas for poultry as referred to in Article 14 and Article 15(2)(c) and (6) and perches or raised sitting levels as referred to in Article 15(5)
1. Parents Gallus gallus intended for the production of hatching eggs for future laying hens and parents Gallus gallus intended for the production of hatching eggs for future fattening Gallus gallus:
Age |
≥ 18 weeks |
Stocking density and minimum surface for indoor area Maximum number of breeding birds per m2 of usable area of the indoor area of the poultry house |
6 |
Perches for breeding birds for future laying hens Minimum cm perch/bird |
18 |
Nests |
7 female birds per nest or in case of common nest 120 cm2/female bird |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
4 |
2. Pullets and brother roosters:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house |
21 kg liveweight/m2 |
Perches or raised sitting levels or both |
Any combination of perches or raised sitting levels or both providing minimum 10 cm perch/bird or minimum 100 cm2 raised sitting level/bird |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
1 |
3. Laying hens including dual purpose strains raised for meat and egg production:
Stocking density and minimum surface for indoor area Maximum number of birds per m2 of usable area of the indoor area of the poultry house |
6 |
Perches Minimum cm perch/bird |
18 |
Nests |
7 laying hens per nest or in case of common nest 120 cm2/laying hen |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
4 |
4. Fattening poultry Gallus gallus:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house |
21 kg liveweight/m2 |
Perches or raised sitting levels or both |
Any combination of perches or raised sitting levels or both providing minimum 5 cm perch/bird or minimum 25 cm2 raised sitting level/bird |
Stocking density and minimum surface for outdoor area for fixed houses Minimum m2 per bird of the outdoor area |
4 |
Stocking density and minimum surface for outdoor area for mobile houses Minimum m2 per bird of the outdoor area |
2,5 |
5. Fattening poultry Gallus gallus: capons and poulardes:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house |
21 kg liveweight/m2 |
Perches or raised sitting levels or both |
Any combination of perches or raised sitting levels or both providing minimum 5 cm perch/bird or minimum 25 cm2 raised sitting level/bird |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
4 |
6. Fattening poultry other than Gallus gallus: Turkeys Meleagris gallopavo marketed whole for roasting or intended for cutting up:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house |
21 kg liveweight/m2 |
Perches or raised sitting levels or both |
Any combination of perches or raised sitting levels or both providing minimum 10 cm perch/bird or minimum 100 cm2 raised sitting level/bird |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
10 |
7. Fattening poultry other than Gallus gallus: Geese Anser anser domesticus:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house |
21 kg liveweight/m2 |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
15 |
8. Fattening poultry other than Gallus gallus: Peking Ducks Anas platyrhynchos domesticus, Muscovy Ducks Cairina moschata and hybrids and Mulard Ducks Cairina moschata × Anas platyrhynchos:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house |
21 kg liveweight/m2 |
Stocking density and minimum surface for outdoor area Minimum m2 per bird of the outdoor area |
4,5 |
9. Fattening poultry other than Gallus gallus: Guinea fowls Numida meleagris f. domestica:
Stocking density and minimum surface for indoor area Stocking density per m2 of usable area of the indoor area of the poultry house. |
21 kg liveweight/m2 |
Perches or raised sitting levels or both |
Any combination of perches or raised sitting levels or both providing minimum 5 cm perch/bird or minimum 25 cm2 raised sitting level/bird |
Stocking density and minimum surface for outdoor area Minimum m2/bird of the outdoor area |
4 |
Part V: Stocking density and minimum surface for indoor and outdoor areas for rabbits as referred to in Article 18
1. For indoor area
|
Indoor area (net area usable per animal excluding platforms m2/head) for the rest area Fixed housing |
Indoor area (net area usable per animal excluding platforms m2/head) for the rest area Mobile housing |
Nursing does with kits until weaning |
0,6 m2/doe with kits if doe liveweight is below 6 kg 0,72 m2/doe with kits if doe liveweight is above 6 kg |
0,6 m2/doe with kits if doe liveweight is below 6 kg 0,72 m2/doe with kits if doe liveweight is above 6 kg |
Pregnant does and reproductive female rabbits |
0,5 m2/pregnant doe or reproductive female if liveweight is below 6 kg 0,62 m2/pregnant doe or reproductive female if liveweight is above 6 kg |
0,5 m2/pregnant doe or reproductive female if liveweight is below 6 kg 0,62 m2/pregnant doe or reproductive female if liveweight is above 6 kg |
Fattening rabbits from weaning to slaughter Replacement rabbits (end of fattening to 6 months) |
0,2 |
0,15 |
Adult bucks |
0,6 1 if buck receiving does for mating |
0,6 1 if buck receiving does for mating |
2. For outdoor area
|
Outdoor area (outdoor run with vegetation preferably pasture) (net area usable per animal excluding platforms m2/head) Fixed housing |
Outdoor area (net area usable per animal excluding platforms m2/head) Mobile housing |
Nursing does with kits until weaning |
2,5 m2/doe with kits |
2,5 m2/doe with kits |
Pregnant does/Reproductive females |
2,5 |
2,5 |
Fattening rabbits from weaning to slaughter Replacement rabbits (end of fattening to 6 months) |
0,5 |
0,4 |
Adult bucks |
2,5 |
2,5 |
ANNEX II
DETAILED RULES WITH RESPECT TO THE STOCKING DENSITY AND THE SPECIFIC CHARACTERISTICS OF PRODUCTION SYSTEMS AND CONTAINMENT SYSTEMS FOR AQUACULTURE ANIMALS AS REFERRED TO IN ARTICLE 22
Part I: Salmonids in fresh water
Brown trout (Salmo trutta) – Rainbow trout (Oncorhynchus mykiss) – American brook trout (Salvelinus fontinalis) – Salmon (Salmo salar) – Arctic charr (Salvelinus alpinus) – Grayling (Thymallus thymallus) – American lake trout (or grey trout) (Salvelinus namaycush) – Huchen (Hucho hucho)
Production systems |
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/m3 Salmon 20 kg/m3 Brown trout and Rainbow trout 25 kg/m3 Arctic charr 25 kg/m3 |
Part II: Salmonids in sea water
Salmon (Salmo salar), Brown trout (Salmo trutta) – Rainbow trout (Oncorhynchus mykiss)
Maximum stocking density |
10 kg/m3 in net pens |
Part III: 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 systems |
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/m3 For turbot: 25 kg/m2 |
Part IV: 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 systems |
There must 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/m3 |
Part V: Sturgeon in fresh water
Species concerned: Acipenser family
Production systems |
Water flow in each rearing unit must be sufficient to ensure animal welfare. Effluent water to be of equivalent quality to incoming water. |
Maximum stocking density |
30 kg/m3 |
Part VI: Fish in inland waters
Species concerned: Carp family (Cyprinidae) and other associated species in the context of polyculture, including perch, pike, catfish, coregonids, sturgeon.
Perch (Perca fluviatilis) in monoculture
Production systems |
In fishponds which must be fully drained periodically 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. Areas of natural vegetation must 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’ must be used on condition that the criteria laid down in the present specifications for the other species of lakes fish are duly adhered to. |
Maximum stocking density |
The total production of species is limited to 1 500 kg of fish per hectare per year (provided as farming yield due to specific characteristic of the production system). |
Maximum stocking density only for perch in monoculture |
20 kg/m3 |
Part VII: Penaeid shrimps and freshwater prawns (Macrobrachium spp.)
Production systems |
Location to be in sterile clay areas to minimise environmental impact of pond construction. Ponds to be built with the natural pre-existing clay. |
Maximum stocking density |
Seeding: maximum 22 post larvae/m2 Maximum instantaneous biomass: 240 g/m2 |
Part VIII: Crayfish
Species concerned: Astacus astacus.
Maximum stocking density |
For small-sized crayfish (< 20 mm): 100 individuals per m2. For crayfish of intermediate size (20-50 mm): 30 individuals per m2. For adult crayfish (> 50 mm): 5 individuals per m2 provided that adequate hiding places are available. |
Part IX: 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 must not exceed one per square meter of surface area. The maximum drop-rope length must not exceed 20 metres. Thinning-out of drop-ropes must not take place during theproduction cycle, however drop ropes may be subdivided without increasing the stocking density. |
Part X: 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/m3 Oreochromis: 20 kg/m3 |
ANNEX III
INFORMATION TO BE PROVIDED BY MEMBER STATES AS REFERRED TO IN ARTICLE 25
Part I: Information from the database referred to in Article 26(1) and the systems referred to in Article 26(2) and, where applicable, in Article 26(3) of Regulation (EU) 2018/848
For the purposes of this point, ‘seedling’ means a young plant originating from seed and not from cutting.
Part II: Information concerning the derogations granted in accordance with point 1.8.5 of Part I of Annex II to Regulation (EU) 2018/848 and points 1.3.4.3 and 1.3.4.4 of Part II of that Annex
Applications Documents
Council Regulation
This regulation establishes the legal framework for all levels of production, distribution, control and labeling of organic products which may be offered and traded in the EU. It determines the continued development of organic production through the provision of clearly defined goals and principles. General production, control and labeling guidelines were established by the Council Regulation and can therefore only be changed by the European Council of Agricultural Ministers. The previous Regulation (EEC) No. 2092/91 is simultaneously repealed.
The new labeling regulations in connection with the obligatory use of the EU organic logo were postponed until 1 July 2010 by an amendment to the Council Regulation.
Area of applicability
The Council Regulation applies to the following agricultural products, including aquaculture and yeast:
- Living or unprocessed products
- Processed foods
- Animal feed
- Seeds and propagating material
Collection of wild plants and seaweed is also included in the scope of this Regulation
Not included in its scope:
- Products from hunting and fishing of wild animals.
Commission Regulations
The following Commission Regulations have been adopted thus far:
- Commission Regulation (EC) No. 889/2008 of 5 September 2008 with detailed rules on production, labeling and control including its amendment on production rules
- for organic yeast, Commission Regulation (EC) 1254/2008 of 15 December 2008
- for organic aquaculture animal and seaweed production, Commission Regulation(EC) No 710/2009 of 5 August 2009
- Commission Regulation (EC) No. 1235/2008 of 8 December 2008 with detailed rules concerning import of organic products from third countries
In Commission Regulation (EC) No. 889/2008 all levels of plant and animal production are regulated, from the cultivation of land and keeping of animals to the processing and distribution of organic foods and their control. They go into great technical detail and are, for the most part, an extension of the original organic Regulation, except where this was regulated differently in the Council Regulation.
Multiple Annexes are attached to the Commission Regulation. Within these one can find the following:
- Products permitted in organic farming, such as fertilisers, soil ameliorants and pesticides
- Minimum requirements on the size of housing and exercise areas including pastures for organic livestock, depending on animal species and development stage.
- Non-organic animal feed, feed additives and processing aids for the production of compound feed and premixtures permitted in organic farming.
- Non-organic ingredients, additives and processing aids permitted in organic food production (including yeast production).
- Requirements on the Community logo.
These Annexes and other parts of this Commission Regulation can be supplemented by the Commission so as to keep them up to date in regard to continuing developments in technology, science and the organic market.
In order to facilitate the implementation of the new rules and to incorporate some expiring exemptions of the previous organic Regulation, transitional measures were laid down.
In addition to EU legislation on organic farming and organic production, organically operating farmers and processors must also adhere to generally applicable rules on agricultural production and processing of agricultural products. That means that all generally applicable rules on the regulation of the production, processing, marketing, labeling and control of agricultural products also apply to organic foods.