Commission Implementing Regulation (EU) 2023/2229 of 25 October 2023 amending and correcting Implementing Regulation (EU) 2021/1165 authorising certain products and substances for use in organic production and establishing their lists

Amendments to Implementing Regulation (EU) 2021/1165

Article 1

Implementing Regulation (EU) 2021/1165 is amended as follows: (1) in Article 12(1), the date ‘31 December 2023’ is replaced by ‘31 December 2025’; (2) Article 13 is amended as follows: (a) the third paragraph is replaced by the following: ‘Article 5(1), (2) and (3) shall apply from 1 January 2026.’; (b) the following fourth paragraph is inserted after the third paragraph: ‘Article 7 shall apply from 1 January 2024.’; (3) Annex I is amended in accordance with Annex I to this Regulation; (4) Annex II is amended in accordance with Annex II to this Regulation; (5) Annex III is amended in accordance with Annex III to this Regulation; (6) Annex V is amended in accordance with Annex IV to this Regulation.

Corrections to Implementing Regulation (EU) 2021/1165

Article 2

Point 1 (Basic substances) of Annex I to Implementing Regulation (EU) 2021/1165 is corrected as follows: (1) the entry 2C for ‘Chitosan hydrochloride’ is replaced by the following: ‘2C 70694-72-3 Chitosan hydrochloride  ( *1 ) obtained from Aspergillus or organic aquaculture or from sustainable fisheries, as defined in Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council  ( *1 ) (2) the following entry is added: ‘24C 9012-76-4 Chitosan* obtained from Aspergillus or organic aquaculture or from sustainable fisheries, as defined in Article 2 of Regulation (EU) No 1380/2013’

Entry into force and application

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

ANNEX ISupplementary provisions

ANNEX I In the table in point 2 (Low risk active substances) of Annex I to Implementing Regulation (EU) 2021/1165, the following entries are added: (1) after the entry ‘20D Ferric pyrophosphate’: ‘24D 144-55-8 Sodium hydrogen carbonate’   (2) after the entry ‘28D Aqueous extract from the germinated seeds of sweet Lupinus albus’:     ‘Other low risk substances from plant or animal origin * Herbicidal uses not allowed’

ANNEX IISupplementary provisions

ANNEX II The table of Annex II to Implementing Regulation (EU) 2021/1165 is amended as follows: (1) the entry for ‘Composted or fermented mixture of household waste’ is replaced by the following: ‘Composted or fermented bio-waste (Directive 2008/98/EC of the European Parliament and of the Council  ( *1 ) ) product obtained from separate bio-waste collection at source, which has been submitted to composting or to anaerobic fermentation for biogas production only vegetable and animal bio-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 (2) the following entry is added after the entry “Potassium chloride (muriate of potash)”: ‘Selenium salts only in case of deficiency in the soils used for animal rearing, and/or grazing or for the production of feed crops’ ( *1 )   Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives ( OJ L 312, 22.11.2008, p. 3 ).’

ANNEX IIISupplementary provisions

ANNEX III Annex III to Implementing Regulation (EU) 2021/1165 is amended as follows: (1) part A is amended as follows: (a) in point (1), ‘FEED MATERIALS OF MINERAL ORIGIN’, after the entry ‘11.1.5 Lithothamn’, the following entry is inserted: ‘11.1.6 Calcium chloride restricted to use in accordance with Commission Regulation (EU) 2020/354  ( *1 ) as feed intended for particular nutritional purposes: reduction of the risk of milk fever and subclinical hypocalcaemia on dairy cows use restricted as selective application(only for individual animals in need and for a limited period) calcium chloride when purified from naturally occurring brine, if available (b) point (2), ‘OTHER FEED MATERIALS’ is amended as follows: (i) before the entry ‘10 Meal, oil and other feed materials or fish or other aquatic animals’ origin’, the following entry is added: ‘ex 7.1.4 Algal oil oil obtained by extraction from microalgae through fermentation growing medium for the fermentation process must not be of GMO origin and should be from organic raw materials, if available’ (ii) after the entry ‘ex 12.1.12 yeast products’, the following entry is inserted: ‘13.11.1 Propylene glycol; [1,2-propanediol]; [propane-1,2-diol] restricted to use in accordance with Commission Regulation (EU) 2020/354 as feed intended for particular nutritional purposes: reduction of the risk of ketosis on dairy cows, ewes and goats use restricted to selective application (only to individual animals in need and for a limited period)’ (2) in Part B, point (3)(b) ‘Compounds of trace elements’ is amended as follows: (i) after the entry ‘3b104 Iron (II) sulphate heptahydrate’, the following entries are inserted: ‘3b107 Iron (II) chelate of protein hydrolysates from organic soy production, if available 3b110 Iron dextran 10 % restricted to use in accordance with Commission Regulation (EU) 2020/354 as feed intended for particular nutritional purposes: compensation for insufficient iron availability after birth only for suckling piglets growing medium for the fermentation process for dextran must be of non-GMO origin use restricted to selective application (only for piglets in need and for a limited period)’ (ii) after the entry ‘3b405 Copper (II) sulphate pentahydrate’, the following entry is inserted: ‘3b407 Copper (II) chelate of protein hydrolysates from organic soy production, if available’ (iii) after the entry ‘3b503 Manganous sulphate, monohydrate’, the following entry is inserted: ‘3b505 Manganese chelates of protein hydrolysates from organic soy production, if available’ (iv) after the entry ‘3b609 Zinc chloride hydroxide monohydrate’, the following entry is inserted: ‘3b612 Zinc chelate of protein hydrolysates from organic soy production, if available’ (v) after the entry ‘3b810 Selenised yeast Saccharomyces cerevisiae CNCM I-3060, inactivated’, the following entry is inserted: ‘3b810i Selenised yeast Saccharomyces cerevisiae CNCM I-3060, inactivated’   ( *1 )   Commission Regulation (EU) 2020/354 of 4 March 2020 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC ( OJ L 67, 5.3.2020, p. 1 ).’;

ANNEX IVSupplementary provisions

ANNEX IV The table in Section A1 (Food additives, including carriers) of Part A of Annex V to Implementing Regulation (EU) 2021/1165 is amended as follows: (1) the entry for ‘E 300 Ascorbic acid’ is replaced by the following: ‘E 300 Ascorbic acid products of plant origin meat products (category 08.3  ( *1 ) ) and meat preparations (category 08.2  ( *1 ) ) to which other ingredients than additives or salt have been added   (2) the entry for ‘E 322 – Lecithins’ is replaced by the following: ‘E 322* Lecithins products of plant origin products of animal origin only from organic production’ (3) the entries for ‘E 335– Sodium tartrates’ and ‘E 336 – potassium tartrates’ are replaced by the following: ‘E 335 Sodium tartrates Products of plant origin from 1 January 2027, only from organic production E 336 Potassium tartrates Products of plant origin from 1 January 2027, only from organic production’ (4) the following entry is inserted after the entry ‘E 336 – potassium tartrates’: ‘E 337 Potassium sodium tartrate Products of plant origin from 1 January 2027, only from organic production’ ( *1 )   Food categories in Part D of Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( OJ L 354, 31.12.2008, p. 16 ).’;