Document type : article published in Réussir
Author : Valérie Godement based on Agra
Preview: In adecision of April 12 ,of which we have obtained a copy, the French Council of State has asked the Court of Justice of the European Union (CJEU) to clarify the notion of "industrial livestock farming" mentioned in Regulation 2021/1165, which establishes the list of products that can be used in organic farming. This European document prohibits the use in organic farming of organic fertilizers "from industrial livestock farms", without defining the term. In the document's details, the highest administrative court in France asks the CJEU two questions:
Is the concept of "industrial livestock farming" "the same as "off-ground livestock farming"? And if not, what are the criteria for designating a farm as industrial?
Disputebetween AFAÏA and Inao
The CJEU's verdict is eagerly awaited because it will allow the French Council of State to settle a dispute that has, since 2020, set AFAÏA, the professional union representing the collective interests of the country's organic fertilizer producers, at odds with Inao (the French National Institute of Origin and Quality). In its Guide to Interpretation(updated version of January 1 2022, Point 192), the public body considers industrial farms to be those "with an entirely slatted or grated flooring system" or that use cages.
Another condition is that they must exceed the thresholds referred to in EU Directive 2011/92/EU : 85,000 places for chickens, 60,000 places for hens, 3,000 places for pork pigs, 900 places for sows.
AFAÏA contests this definition, believing that the European regulation is aimed only at "off-ground" farming. This concept also remains undefined, and is included in some translations of Regulation 2021/1165 (Danish, Dutch and Portuguese versions).
