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 (Text with EEA relevance)

CHAPTER I

CONVERSION

Article 1

Documents to be supplied for the purpose of the retroactive recognition of a previous period

For the purposes of point (b) of Article 10(3) of Regulation (EU) 2018/848, the operator shall submit to the competent authorities in the Member State in which the activity is carried out and in which that operator’s holding is subject to the control system the following documents proving that the land parcels were natural or agricultural areas that, for a period of at least three years, have not been treated with products or substances that are not authorised for use in organic production in accordance with Regulation (EU) 2018/848:

(a) maps identifying clearly each land parcel covered by the request for retroactive recognition and information on the total surface of those land parcels and, if relevant, on the nature and the volume of the on-going production and, where available, their geolocation coordinates;

(b) the detailed risk analysis carried out by the control authority or control body to assess whether any land parcel covered by the request for retroactive recognition has been treated with products or substances that are not authorised for use in organic production for a period of at least three years, taking into account in particular the size of the total surface to which the request relates and the agronomic practices carried out during that period on each land parcel subject to the request;

(c) the laboratory analyses results from accredited laboratories on soil and/or plant samples taken by the control authority or control body from each land parcel identified as presenting the risk of being contaminated as a result of being treated with products and substances that are not authorised for use in organic production following the detailed risk analysis referred in point (b);

(d) an inspection report from the control authority or control body following a physical inspection of the operator for the purpose of verifying the consistency of the information collected on the land parcels covered by the request for retroactive recognition;

(e) any other relevant documents deemed necessary by the control authority or control body to assess the request for retroactive recognition;

(f) a final written statement of the control authority or control body indicating whether a retroactive recognition of a previous period as being part of the conversion period is justified and indicating the starting period considered as organic for each land parcel concerned as well as the total surface of the land parcels benefiting from a retroactive recognition of a 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:

(a) 90 days after birth for bovine animals and equine animals;

(b) 45 days after birth for ovine animals and caprine animals.

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:

(a) ‘fattening poultry’ means poultry intended for meat production;

(b) ‘flock’ in the context of compartments in poultry houses means a group of birds that are kept together not mixing with other poultry species, and with their own dedicated indoor and outdoor areas;

(c) ‘brother rooster’ means male chicken of laying hen strains intended for meat production;

(d) ‘poularde’ means female Gallus gallus intended for meat production and slaughtered at the minimum age of 120 days.

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

Poultry houses shall be constructed in a manner allowing all birds easy access to open air areas. For this purpose, the following rules shall apply:

(a) the external boundary of the poultry house shall have exit/entry pop-holes giving direct access to open air areas;

(b) every single exit/entry pop-hole shall be of a size adequate for the birds;

(c) birds shall be able to access pop-holes without any obstacle;

(d) pop-holes from the external boundary of the poultry house shall have a combined length of at least 4 m per 100 m² of the usable area of the minimum surface of the indoor area of the poultry house;

(e) where pop-holes are raised, a ramp shall be provided.

For poultry houses with verandas, the following rules shall apply:

(a) the external boundary both from the indoor house to the veranda and from the veranda to the open air area shall have exit/entry pop-holes allowing easy access respectively to the veranda or to the open air area;

(b) pop-holes from the indoor house to the veranda shall have a combined length of at least 2 m per 100 m² of the usable area of the minimum surface of the indoor area of the poultry house and pop-holes from the veranda to the open air area shall have a combined length of at least 4 m per 100 m² of the usable area of the minimum indoor surface of the poultry house;

(c) the usable area of the veranda shall not be taken into account for the calculation of the stocking density and the minimum surface of the indoor and outdoor areas as set out in Part IV of Annex I. However, an additional, roofed outdoor part of a building intended for poultry, insulated in a way that it does not have an outdoor climate, may be taken into account for the calculation of the stocking density and the minimum surface of the indoor areas as set out in Part IV of Annex I, if the following conditions are met: (i) it is fully accessible 24 hours a day; (ii) it complies with the requirements of points 1.6.1 and 1.6.3 of Part II of Annex II to Regulation (EU) 2018/848; (iii) it complies with the same requirements for pop-holes as set for verandas in points (a) and (b) of this paragraph;

(d) the usable area of the veranda shall not be included in the total usable area of poultry houses for fattening poultry as referred to in point 1.9.4.4.(m) of Part II of Annex II to Regulation (EU) 2018/848.

For poultry houses subdivided into separate compartments in order to house multiple flocks:

(a) compartments shall ensure that contact with other flocks is restricted and that birds from different flocks cannot mix in the poultry house;

(b) the following maximum flock sizes in a single compartment of a poultry house shall apply: (i) 3 000 parents Gallus gallus; (ii) 10 000 pullets; (iii) 4 800 fattening poultry Gallus gallus; (iv) 2 500 capons; (v) 4 000 poulardes; (vi) 2 500 turkeys; (vii) 2 500 geese; (viii) 3 200 male Peking ducks or 4 000 female Peking ducks; (ix) 3 200 male Muscovy ducks or 4 000 female Muscovy ducks; (x) 3 200 male Mulard ducks or 4 000 female Mulard ducks; (xi) 5 200 Guinea fowls;

(c) compartments shall be separated by solid partitions for fattening poultry other than Gallus Gallus; such solid partition shall ensure a complete physical separation from the floor to the roof of the building of each compartment of the poultry house;

(d) compartments shall be separated by solid partitions or semi-closed partitions or nets or meshes for parents Gallus gallus, laying hens, pullets, brother roosters and fattening poultry Gallus gallus.

Multi-tiered systems may be used in poultry houses. Where multi-tiered systems are used, the following rules shall apply:

(a) multi-tiered systems may only be used for parents Gallus gallus, laying hens, pullets for future egg production, pullets for future parents and brother roosters;

(b) multi-tiered systems shall have no more than three tiers of usable area including the ground floor;

(c) the elevated tiers shall be constructed in such a way as to prevent droppings falling on the birds below and shall be equipped with an efficient system of manure removal;

(d) all tiers shall allow for easy inspection of the birds;

(e) multi-tiered systems shall ensure that all birds can move freely and easily to the different levels or intermediate areas;

(f) multi-tiered systems shall be constructed in such a way as to provide easy equal access to open air areas to all birds.

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

The indoor area in fixed and mobile housing shall be constructed in such a way that:

(a) its height is sufficient to allow all rabbits to stand with ears erect;

(b) it can accommodate different groups of rabbits and allow the preservation of the broods’ integrity upon transfer to the fattening phase;

(c) it is possible for bucks and pregnant and reproductive does to be separated from the group for specific animal welfare reasons and for a limited period provided they can keep eye contact with other rabbits;

(d) it is possible for the doe to move away from the nest and return in the nest for nursing the kits;

(e) it provides: (i) covered shelter including dark hiding places in sufficient number for all categories of rabbits; (ii) access to nests for all does at least one week before the expected date of birth and at least till the end of the nursing period of the kits; (iii) access to nests for kits in sufficient number with a minimum of one nest per nursing doe with kits; (iv) materials to allow rabbits to gnaw.

The outdoor area in facilities with fixed housing shall be constructed in such a way that:

(a) it has raised platforms in sufficient number and evenly distributed on its minimum surface;

(b) it is surrounded by fences that are high and deep enough to prevent flight either by jumping or digging;

(c) if it has a concrete outside area, there is an easy access to the part of the outdoor run with vegetation. Without such easy access, the surface of the concrete area may not be included in the calculation of the minimum surface of the outdoor area;

(d) it provides: (i) covered shelter including dark hiding places in sufficient number for all categories of rabbits; (ii) materials to allow rabbits to gnaw.

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

Without prejudice to point 3 of Part VI of Annex II to Regulation (EU) 2018/848, ion exchange and adsorption resin techniques are authorised when used for the preparation of organic raw materials:

(a) for products referred to in points (a) and (b), respectively, of Article 1(1) of Regulation (EU) No 609/2013, provided that using those techniques is necessary to meet the requirements of that Regulation and acts adopted on the basis of Article 11(1) of that Regulation for the products concerned; or

(b) for products regulated by Directive 2006/125/EC, provided that using those techniques is necessary to meet the requirements of that Directive.

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

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