Answer given by Mr Wojciechowski on behalf of the European Commission

1.7.2020

The prohibition to use, in organic production, manure and excrements originating from ‘factory farming’ as fertilisers stemmed from the objectives and principles of organic farming[1] to produce goods by using processes that do not harm the environment or animal health and welfare.

The Commission is aware that the term ‘factory farming’ in relation to fertilisers originating from livestock is interpreted differently in Member States. Discussions about the interpretation of this term go back as far as 1995, when the Commission guidelines for the use of excrements in organic farming[2] were published.

The new Regulation on organic production[3] will apply as of 1 January 2021. Under Article 24(1)(b) of this regulation, the Commission may authorise and list in restrictive lists the fertilisers for use in organic production.

The Commission is currently reviewing the list of authorised fertilisers in organic production taking into account the products and substances authorised so far under Annex I of Regulation (EC) No 889/2008[4], the latest reports on fertilisers of the Expert Group for Technical Advice on Organic Production[5], as well as the new horizontal rules applying in relation to animal-by-products[6] and the new fertilising products regulation[7].

The draft implementing act and the annex listing authorised fertilisers and their conditions for use were discussed on 16-17 June 2020 at the meeting of the Committee on Organic Production.

The Commission took this opportunity to discuss with the Member States whether a clarification of the term factory farming could be submitted to the Expert Group for Technical Advice on organic production in the near future.

• [1] See in particular Article 3 (c) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC), OJ L 189, 20.7.2007, p.1, and Article 5(d) of Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007, OJ L 150, 14.6.2018, p.1.
• [2] Commission Guidelines for the use of excrements in organic farming (Annex II, part A, to Regulation (EEC) No 2092/91), VI/5684/95-EN Rev5 (PPQPP/EN/95/5684R5.doc).
• [3] Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007, OJ L 150, 14.6.2018, p.1.
• [4] 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.
• [5] https://ec.europa.eu/info/food-farming-fisheries/farming/organic-farming/cooperation-and-expert-advice/egtop-reports_en
• [6] 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.
• [7] Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003, OJ L170 25.06.2019, p.1.