Commission Delegated Regulation (EU) 2023/1605 of 22 May 2023 supplementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council as regards the determination of end points in the manufacturing chain of certain organic fertilisers and soil improvers (Text with EEA relevance)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Subject matter
This Regulation determines end points in the manufacturing chain for organic fertilisers and soil improvers manufactured in the Union beyond which they are no longer subject to the requirements laid down in Regulation (EC) No 1069/2009, provided that they are used as component materials in EU fertilising products in accordance with Regulation (EU) 2019/1009.
Definitions
For the purposes of this Regulation, the definitions laid down in Annex I to Regulation (EU) No 142/2011 apply. The following definitions also apply: 1. ‘EU fertilising product’ means a fertilising product as defined in Article 2, point (2), of Regulation (EU) 2019/1009; 2. ‘end point’ means an end point in the manufacturing chain, beyond which a derived product is no longer subject to the requirements of Regulation (EC) No 1069/2009.
End point for certain organic fertilisers and soil improvers
The following derived products, other than those imported into the Union, where they are manufactured in a fertiliser plant approved in accordance with Article 24(1), point (f), of Regulation (EC) No 1069/2009, shall be considered as having reached the end point as organic fertilisers and soil improvers: (a) ash obtained from Category 2 and 3 materials which fulfils the general and specific requirements set out in Annex III to Regulation (EU) No 142/2011; (b) residues resulting from the transformation of animal by-products in a biogas plant which fulfil the requirements set out in the following provisions of Annex V to Regulation (EU) No 142/2011: (i) Chapter I, Section 1, point 1, point 2(a), (b), (c) and (e), and points 3 and 4; (ii) Chapter II; (iii) Chapter III, Section 1, point 1, first and last paragraphs, and Section 3, point 1; (c) compost, which fulfils the requirements, set out the following provisions of Annex V to Regulation (EU) No 142/2011: (i) Chapter I, Section 2, points 1, 3 and 4; (ii) Chapter II; (iii) Chapter III, Section 1, point 2, and Section 3, point 1; (d) processed manure and processed frass which fulfil the requirements set out in Chapter I, Section 2, points (a), (b), (d) and (e), of Annex XI to Regulation (EU) No 142/2011.
End point for certain organic fertilisers and soil improvers conditional upon risk mitigation measures
1. The following derived products, other than those imported into the Union, where they are manufactured in a fertiliser plant approved in accordance with Article 24(1), point (f), of Regulation (EC) No 1069/2009 shall be considered as having reached the end point as organic fertilisers and soil improvers if they are used in the EU fertilising product in not more than 5 % by volume: (a) glycerine of Category 2 and 3 materials, and other Category 2 material resulting from biodiesel process and the production of renewable fuels which fulfil the requirements set out in Chapter IV, Section 3, point 2(b), (c) and (f), of Annex IV to Regulation (EU) No 142/2011; (b) Category 3 materials other than glycerine, which fulfil the requirements set out in Chapter IV, Section 3, point 2(b), (c) and (f), of Annex IV to Regulation (EU) No 142/2011; (c) processed animal protein of Category 3 materials which fulfils the specific requirements for processed animal protein set out in Chapter II, Section 1, point A, point B(1) and (2), point B(3)(a) and point C, of Annex X to Regulation (EU) No 142/2011; (d) meat-and-bone meal of Category 2 materials processed with the standard processing method 1 set out in Chapter III, point A, of Annex IV and marked with glyceroltriheptanoate (GTH) as set out in Chapter V of Annex VIII to Regulation (EU) No 142/2011; (e) blood products of Category 3 materials which fulfil the specific requirements for blood products set out in Chapter II, Section 2, of Annex X to Regulation (EU) No 142/2011; (f) hydrolysed protein, including hydrolysed protein derived from residues coming from the leather or textile industry, which fulfils the specific requirements for hydrolysed protein set out in Chapter II, Section 5, point D, of Annex X to Regulation (EU) No 142/2011; (g) dicalcium phosphate and tricalcium phosphate which fulfil the specific requirements set out in Chapter II, Section 6 or 7, of Annex X to Regulation (EU) No 142/2011, respectively; (h) horns, horn products, hooves and hoof products which fulfil the specific requirements set out in Chapter XII of Annex XIII to Regulation (EU) No 142/2011. 2. The derived products referred to in paragraph 1 of this Article which are present in the EU fertilising product in more than 5 % by volume shall be considered as having reached the end point as organic fertilisers and soil improvers if they are packed in ready-to-sell packages for use by the end-user, labelled in accordance with labelling requirements for the EU fertilising products containing derived products laid down in Part I of Annex III to Regulation (EU) 2019/1009 and comply with the conditions laid down either in the following point (a) or in point (b): (a) the packages weigh no more than 50 kg; or (b) the packages weigh no more than 1 000 kg of which at least 10 % in volume is one of the following: (i) lime; (ii) mineral fertilisers; or (iii) derived products referred to in Article 3.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.