
Article 1 

1. This Regulation shall be without prejudice to transitional measures adopted in accordance with Regulation (EC) No 1774/2002.
2. The Member States may apply stricter national rules than those provided for in this Regulation as regards the way organic fertilisers and soil improvers are used on their territory where such rules are justified on animal or public health grounds.
Article 2 
In Annex I to Regulation (EC) No 1774/2002, point 39 is replaced by the following:
'
39.. “pasture land” means land covered with grass or other herbage grazed by or used as feedingstuffs for farmed animals, excluding land to which organic fertilisers and soil improvers have been applied in accordance with Commission Regulation (EC) No 181/2006;'.
Article 3 
Organic fertilisers and soil improvers shall be produced solely from Category 2 and Category 3 material.
Article 4 
Organic fertilisers and soil improvers shall comply with the requirements regarding pathogen control and packaging and labelling set out in parts I and II of the Annex.
Article 5 
Organic fertilisers and soil improvers shall be transported in accordance with the requirements set out in part III of the Annex.
Article 6 

1. The special grazing restrictions set out in part IV of the Annex shall apply where organic fertilisers and soil improvers are applied to land.
2. Processed products derived from the processing of animal by-products in a processing plant in accordance with Regulation (EC) No 1774/2002 shall not be applied as such directly to land where farmed animals might have access.
Article 7 
The person responsible for land to which organic fertilisers and soil improvers are applied and to which farmed animals have access shall keep records for at least two years of:

((a)) the quantities of organic fertilisers and soil improvers applied;
((b)) the date on which and the places where organic fertilisers and soil improvers were applied to land;
((c)) the dates on which livestock is allowed to graze the land or on which the land is cropped for feedingstuffs.
Article 8 
The placing on the market, export and transit of organic fertilisers and soil improvers shall be subject to compliance with the requirements set out in parts I and II of the Annex.
Article 9 

1. The competent authority shall take the necessary measures to ensure compliance with this Regulation.
2. The competent authority shall carry out controls at regular intervals on land where organic fertilisers and soil improvers are applied and to which farmed animals may have access.
3. If controls carried out by the competent authority show that this Regulation is not complied with, the competent authority shall take appropriate action.
Article 10 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 1 February 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX
I. 
Producers of organic fertilisers and soil improvers must ensure that decontamination of pathogens is carried out prior to their application to land, in accordance with:


— Chapter I(D)(10) of Annex VII to Regulation (EC) No 1774/2002 in the case of processed animal protein or processed products derived from Category 2 material;
— Chapter II of Annex VI of Regulation (EC) No 1774/2002 in the case of compost and biogas residues.

II.  1. After processing and/or transformation in accordance with Article 5(2) or 6(2), as the case may be, of Regulation (EC) No 1774/2002, organic fertilisers and soil improvers shall be properly stored and transported packaged.
 2. The packaging shall be clearly and legibly labelled with the name and address of the manufacturing plant and shall bear the words ‘organic fertilisers and soil improvers/farmed animals must not be allowed access to the land for at least 21 days following application to land’.

III.  1. The competent authority may decide not to apply points II(1) and (2) to organic fertilisers and soil improvers that are transported and/or used in the same Member State or transported to and/or used in another Member State where there is a mutual agreement to that effect, provided that decision does not present a risk to animal or public health.
 2. The commercial document accompanying organic fertilisers and soil improvers shall bear the words ‘organic fertilisers and soil improvers/farmed animals must not be allowed access to the land for at least 21 days following application to land’.
 3. A commercial document is not required if the organic fertilisers and soil improvers are supplied by retailers to final users other than business operators.

IV.  1. The competent authority shall take all necessary measures to ensure that farmed animals do not have access to land to which organic fertilisers and soil improvers have been applied before 21 days have elapsed since the date of last application.
 2. Where over 21 days have elapsed since the date of last application of organic fertilisers and soil improvers, grazing may be allowed or the grass or other herbage may be cut for use in feedingstuffs, provided the competent authority does not consider that the practice presents a risk to animal or public health.
 3. The competent authority may lay down a longer period than specified in point 2 during which grazing is prohibited on animal or public health grounds.
 4. The competent authority shall ensure that codes of good agricultural practice are drafted and made available for use by those applying organic fertilisers and soil improvers to land, taking account of local circumstances.
