Draft Commission Implementing Regulation amending and correcting Implementing Regulation (EU) 2021/1165 authorising certain products and substances for use in organic production and establishing their lists

Draft Annexes

Update

The EU has notified to the World Trade Organization (WTO) Technical Barriers to Trade (TBT) Committee a draft Regulation that adds to the list of substances and products that can be used in organic production (G/TBT/N/EU/1001). It also delays the introduction of a new list of permitted cleaning and disinfection products for use in animal production until January 2026, and amends the description of permitted fertilisers.

Impacted Products

All organic products

What is changing?

The new Regulation proposes various changes, including the following.

• Adding the substances in Table 1 to the list of products and substances that can be used in organic production (according to Regulation (EU) 2021/1165). The conditions of use for these additional substances are detailed in the Annexes to the draft Regulation.
• Clarifying the introduction of a new list of products for use in cleaning and disinfecting animal production facilities. A new list should have been established by 31 December 2023, but now it is expected by end 2025. Before that date, animal producers should continue to use the cleaning and disinfection products listed in the current rules (Regulation 889/2008, Annex VII).
• Amending the description of permitted fertilisers from “composted or fermented mixture of household waste” to “composted or fermented biowaste”.

Why?

Some new substances have been approved for use in organic production. The description of fertilisers is changed to allow sources of biowaste other than household waste to be used in organic production.

In the case of animal production, the Expert Group for Technical Advice on Organic Production (EGTOP), responsible for evaluating substances in organic production, requires more time to complete the evaluation of cleaning and disinfection substances. The deadline of 31 December 2023 has therefore been postponed.

Timeline

The new rules are expected to apply from 1 January 2024.

What are the major implications for exporting countries?

Organic producers in non-EU countries will have access to a broader range of substances to support organic production.

Recommended Actions

Comments or concerns about the proposal can be submitted via the National TBT notification authority of the country concerned to the EU TBT Enquiry Point until 1 October 2023.

Background

Regulation (EU) 2021/1165 authorises and lists products and substances that can be used in organic production. This part of the Regulation applied from 1 January 2022.

For cleaning and disinfection products, and for non-organic agricultural ingredients for the production of processed organic food, the Regulation will apply from 1 January 2024.

The following Annexes to Regulation 2021/1165 are the most relevant to countries exporting organic products to the EU:

• Annex I: Active substances contained in plant protection products authorised for use in organic production.
• Annex II: Authorised fertilisers, soil conditioners and nutrients.
• Annex IV: Authorised products for cleaning and disinfection.
• Annex VI: Products and substances authorised for use in organic production in certain areas of third countries (Regulation (EU) 2018/84, Art. 45(2)). Substances can be added to Annex VI for use in non-EU countries when there are justified reasons (e.g. for a pest not present in the EU).

Resources

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