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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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⁽¹⁾, and in particular Article 24(9) thereof,

Whereas:

1. In accordance with the procedure provided for in Article 24(7) of Regulation (EU) 2018/848, Member States have submitted dossiers on certain substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annexes I, II, III and V to Commission Implementing Regulation (EU) 2021/1165⁽²⁾. Those dossiers have been examined by the Expert Group for Technical Advice on Organic Production (EGTOP) and the Commission.

2. In its recommendations with regard to active substances contained in plant protection products,⁽³⁾ EGTOP recommended that all low-risk substances in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council⁽⁴⁾ from plant or animal origin (not from GMO origin), may be used in organic production without an additional evaluation by EGTOP.

3. Sodium hydrogen carbonate is listed in point 1 of Annex I to Implementing Regulation (EU) 2021/1165 as a basic substance that may be used in organic production as a plant protection product. Sodium hydrogen carbonate is also listed in Regulation (EC) No 1107/2009 under low-risk substances in plant protection products. It should therefore also be authorised as a low-risk substance in organic production as a plant protection product.

4. Based on recommendations from EGTOP regarding fertilisers, soil conditioners and nutrients³, the entry ‘Composted or fermented mixture of household waste’ should be replaced by ‘Composted or fermented bio-waste’ to allow for other sources of bio-waste than household waste to be used for composting or fermenting in organic production.

5. In its recommendations with regard to fertilisers, soil conditioners and nutrients EGTOP also confirmed, that the use of selenium salts in case of deficiency of the soils employed for animal rearing and/or grazing is in line with the objectives and principles of organic production. The use of that substance should therefore be authorised.

6. Based on recommendations from EGTOP regarding feed and pet food⁽⁵⁾, the use of the following substances should be authorised: (i) propylene glycol, algal oil and calcium chloride used as feed material; (ii) iron chelate, and iron dextran, copper chelate, manganese chelates, zinc chelates of proteins and selenised yeast as trace elements.

7. Based on recommendations from EGTOP regarding food⁵, the use of the following substances should be authorised: (i) ascorbic acid on meat preparations to which other ingredients than additives or salt have been added; (ii) lecithins on animal products; and (iii) potassium sodium tartrate on products of plant origin.

8. EGTOP further recommended that sodium tartrates, potassium tartrates, and potassium sodium tartrate should be authorised from 1 January 2027 only if they are from organic production⁽⁶⁾, because EGTOP considered the timeframe of three years sufficient to ensure that tartrates from organic origin be available to all operators. The entries ‘sodium tartrates’ and ‘potassium tartrates’ should therefore be amended to introduce these specific conditions and limits, and a new entry ‘potassium sodium tartrate’ should be inserted in the list of ‘Food additives, including carriers’ of Part A of Annex V to Implementing Regulation (EU) 2021/1165.

9. EGTOP has started the evaluation of substances for cleaning and disinfection to be authorised in organic production. However, it appears that this will require more time than was anticipated in Implementing Regulation (EU) 2021/1165. As the lists of products for cleaning and disinfection will not be established before 1 January 2026, Annex VII to Commission Regulation (EC) No 889/2008⁽⁷⁾ should continue to apply until 31 December 2025. The provisions referring to the lists of products for cleaning and disinfection should therefore only apply from 1 January 2026.

10. The CAS number for chitosan has been erroneously attributed to chitosan hydrochloride in point 1 (Basic substances) of Annex I to Implementing Regulation (EU) 2021/1165 and the entry for chitosan is therefore missing. These errors need to be corrected.

11. Implementing Regulation (EU) 2021/1165 should therefore be amended and corrected accordingly.

12. The measures provided for in this Regulation are in accordance with the opinion of the Organic Production Committee,

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