Commission Regulation (EC) No 889/2008Dangos y teitl llawn

[F1 Article 6b U.K. Suitability of aquatic medium and sustainable management plan

1 . Operations shall be situated in locations that are not subject to contamination by products or substances not authorised for organic production, or pollutants that would compromise the organic nature of the products.

2 . Organic and non-organic production units shall be separated adequately. Such separation measures shall be based on the natural situation, separate water distribution systems, distances, the tidal flow, the upstream and the downstream location of the organic production unit. [F2 Nothing in this Regulation prevents the relevant authority from using any power the authority has to] designate locations or areas which they consider to be unsuitable for organic aquaculture or seaweed harvesting [F3 or] set up minimum separation distances between organic and non-organic production units.

F4 ...

3 . An environmental assessment proportionate to the production unit shall be required for all new operations applying for organic production and producing more than 20 tonnes of aquaculture products per year to ascertain the conditions of the production unit and its immediate environment and likely effects of its operation. The operator shall provide the environmental assessment to the control body or control authority. The content of the environmental assessment shall be based on Annex IV to [F5 Directive 2011/92/EU]. If the unit has already been subject to an equivalent assessment, then its use shall be permitted for this purpose.

4 . The operator shall provide a sustainable management plan proportionate to the production unit for aquaculture and seaweed harvesting.

The plan shall be updated annually and shall detail the environmental effects of the operation, the environmental monitoring to be undertaken, and list measures to be taken to minimise negative impacts on the surrounding aquatic and terrestrial environments, including, where applicable, nutrient discharge into the environment per production cycle or per annum. The plan shall record the surveillance and repair of technical equipment.

5 . Aquaculture and seaweed business operators shall by preference use renewable energy sources and re-cycle materials and shall draw up as part of the sustainable management plan a waste reduction schedule to be put in place at the commencement of operations. Where possible, the use of residual heat shall be limited to energy from renewable sources.

6 . For seaweed harvesting a once-off biomass estimate shall be undertaken at the outset.]

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production.

F2 Words in Art. 6b(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 6b(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 6b(2) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 6b(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)