Association AFAÏA v Institut national de l’origine et de la qualité (INAO) (C-228/23)

Judgment of 4 Oct 2024

law://eu/cjeu/2023/c-228-23/para_16@2026-11-13

16Annex II to that implementing regulation provides:‘Fertilisers, soil conditioners and nutrients … listed in this Annex may be used in organic production, provided that they are compliant with– the relevant Union and national legislations on fertilising products, in particular, where applicable, Regulation (EC) 2003/2003 [of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ 2003 L 304, p. 1)] and Regulation (EU) 2019/1009 [of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ 2019 L 170, p. 1)]; and– Union legislation on animal by-products, in particular 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 (OJ 2009 L 300, p. 1)] and [Commission] Regulation (EU) No 142/2011 [of 25 February 2011 implementing Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ 2011 L 54, p. 1)], in particular Annexes V and XI.In accordance with point 1.9.6 of Part I of Annex II to Regulation [2018/848], preparations of micro-organisms may be used to improve the overall condition of the soil or to improve the availability of nutrients in the soil or in the crops.They may only be used according to the specifications and restrictions of use of those respective Union and national legislations. More restrictive conditions for use in organic production are specified in the right column of the tables.NameCompound products or products containing only materials listed hereunder | Description, specific conditions and limitsFarmyard manure | product comprising a mixture of animal excrements and vegetable matter (animal bedding and feed material)factory farming origin forbiddenDried farmyard manure and dehydrated poultry manure | factory farming origin forbiddenComposted animal excrements, including poultry manure and composted farmyard manure included | factory farming origin forbiddenLiquid animal excrements | use after controlled fermentation and/or appropriate dilutionfactory farming origin forbidden…’

Association AFAÏA v Institut national de l’origine et de la qualité (INAO) (C-228/23)

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