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Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)
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1.Organic fertilisers and soil improvers may be placed on the market and used provided:
(a)they are derived from Category 2 or Category 3 material;
(b)they have been produced in accordance with the conditions for pressure sterilisation or with other conditions to prevent risks arising to public and animal health, in accordance with the requirements laid down pursuant to Article 15 and any measures which have been laid down in accordance with paragraph 3 of this Article;
(c)they come from approved or registered establishments or plants, as applicable; and
(d)in the case of meat-and-bone meal derived from Category 2 material and processed animal proteins intended to be used as or in organic fertilisers and soil improvers, they have been mixed with a component to exclude the subsequent use of the mixture for feeding purposes and marked when required by measures adopted under paragraph 3.
In addition, digestion residues from transformation into biogas or compost may be placed on the market and used as organic fertilisers or soil improvers.
Member States may adopt or maintain national rules imposing additional conditions for or restricting the use of organic fertilisers and soil improvers, provided that such rules are justified on grounds of the protection of public and animal health.
2.By way of derogation from point (d) of paragraph 1, mixing shall not be required for materials whose use for feeding purposes is excluded due to their composition or packaging.
3.Measures for the implementation of this Article may be laid down relating to the following:
(a)public and animal health conditions for the production and use of organic fertilisers and soil improvers;
(b)components or substances for the marking of organic fertilisers or soil improvers;
(c)components to be mixed with organic fertilisers or soil improvers;
(d)supplementary conditions, such as the methods to be used for marking and the minimum proportions to be observed when preparing the mixture, in order to exclude the use of such fertilisers or soil improvers for feeding purposes; and
(e)cases where the composition or packaging allows the materials to be exempted from the mixing requirement.
Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(4).
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