Judgment_paragraph 10 · Natumi GmbH v Land Nordrhein-Westfalen (C-815/19)

10Article 27 of Regulation No 889/2008, entitled ‘Use of certain products and substances in processing of food’, provides in paragraph 1 thereof:‘For the purposes of Article 19(2)(b) of Regulation (EC) No 834/2007, only the following substances can be used in the processing of organic food, with the exception of products of the wine sector, for which the provisions of Chapter 3a shall apply:(a) substances listed in Annex VIII to this Regulation;…(f) minerals (trace elements included), vitamins, amino acids and micronutrients, provided that:(i) their use in food for normal consumption is “directly legally required”, in the meaning of being directly required by provisions of Union law or provisions of national law compatible with Union law, with the consequence that the food cannot be placed at all on the market as food for normal consumption if those minerals, vitamins, amino acids or micronutrients are not added; or(ii) as regards food placed on the market as having particular characteristics or effects in relation to health or nutrition or in relation to needs of specific groups of consumers:– in products referred to in points (a) and (b) of Article 1(1) of Regulation (EU) No 609/2013 of the European Parliament and of the Council [of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ 2013 L 181, p. 35)], their use is authorised by that Regulation and acts adopted on the basis of Article 11(1) of that Regulation for the products concerned,– in products regulated by Commission Directive 2006/125/EC [of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ 2006 L 339, p. 16)], their use is authorised by that Directive, or– in products regulated by Commission Directive 2006/141/EC [of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ 2006 L 401, p. 1)], their use is authorised by that Directive.’