EN   EN 
 
 
   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annexes II and III to Regulation (EU) 2018/848 of the European Parliament 
and of the Council as regards specific requirements for the production,  use and 
packaging of non -organic, in -conversion and organic seedlings  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission.  
Any views expressed are the preliminary views of the Commission services  
and may not in any circumstances be regarded as stating an official position  
of the Commission. The information  transmitted is intended only for the  
Member State or entity to which it is addressed for discussions and may  
contain confidential and/or privileged material.    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Following the adoption of the  new organic Regulation (EU) 2018/848 and the amending 
Commission Delegated Regulation (EU) 2020/1794 as regards the use of in -conversion and 
non-organic plant reproductive material, it is necessary to introduce further amendment s with 
respect to possible derogation from use of organic seedlin gs, which are a particular type of 
plant reproductive material originated from seeds and  not covered by  the databases and 
systems of information on availability of plant reproductive material set under Article 26 of 
Regulation (EU) 2018/848. In particular,  considering t he usual  practice  to transplant s eedlings 
of horticultural crops  which are often subject to a short cycle of production  from transplanting 
of seedlings to the fi rst harvest  of products , it is important to limit in such cases, the 
derogation for use of non -organic seedlings , and to clarify the use of in -conversion and 
organic seedlings  and the ir production requirements under strict organic conditions , in order 
to ensure integrity of organic productions . Finally, taking into account the current  practice in 
Member States, stakeholders need to have legal certainty with respect to provisions that apply 
for this particular  type of plant reproductive material  and EU Member States need to have 
enough time to integra te these new amendments  into their n ational legislations.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The act was thoroughly discussed with Member States at the Group of Experts on Organic 
Production as well as with the main organisations representing the organic sector and plant 
repro ductive material sectors, namely IFOAM and their sector specific affiliated groups, 
COPA -COGECA and ESA. DG AGRI cooperated closely with other DGs in the field of their 
specific expertise when drafting these rules, in particular with DG SANTE. WTO partners  
were notified and general public consultations were carried out.  
Following t he general public consultation,………… . 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Regulation (EU) 2018/848 underlines in its recital (35) that to ensure quality, traceability, 
compliance and adaptation to technical developments, the power to adopt certain acts is 
delegated to the Commission , among others , in respect of the use of in -conversion or non -
organic plant reproductive material. The  definition of plant reproductive material provided for 
in Article 3(17) of Regulation (EU) 2018/848 includes all type of materials as follows: “ 
‘plant reproductive material’ means plants and all parts of plants, including seeds, at any 
stage of growth th at are capable of, and intended for, producing entire plants; ”. Seedlings are 
a type of plant reproductive material and are subject to the derogation issued under Annex II 
Part I point 1.4. which provides for the possibility to growing seedlings or transpl ants in 
conta iners for further transplanting. A definition of seedlings is also available in Annex III to 
Implementing Regulation (EU) 2020/464 as follows: “For the purposes of this point, 
‘seedling’ means a young plant originating from seed and not from c utting .” It was laid down 
for the purpose of excluding seedlings from the information on availability of plant 
reproductive material, information that Member States will have to provide to the 
Commission to reflect provisions of Article 26 of Regulation (E U) 2018/848 .  
This delegated act amends current provisions concerning the possible derogation for use of 
non-organic seedlings as plant reproductive material. In part icular, the act provides for 
additional conditions for derogation of non -organic seedlings , introducing the prohibition to  
EN 2  EN allow the use of non -organic seedlings for crops subject to a production cycle completed in 
one growing season from transplant of seedling to the harvest of final product. To address the 
lack of organic seeds from which see dlings should be produced, it introduces also additional 
requirements for the production and labelling of “seedlings  suitable for organic production ” 
for the same crops having a life cycle completed in one growing season. The above provisions 
are necessary  to ensure integrity of final organic products so that the whole life cycle of 
products from untreated seed to transplant of seedling to final product shall have to be carried 
out under organic production conditions in view of the short life cycle of the c rop. Finally , the 
act introduces a clarification with respect to the provisions concerning in -conversion 
seedlings, in compliance with provisions of Article 10(4)(a) of the Regulation (EU) 2018/848.  
  
EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annexes II and III to Regulation (EU) 2018/848 of the European Parliament 
and of the Council as regards specific requirements for the production,  use and 
packaging of non -organic, in -conversion and organic seedlings  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) 2018/848 of the European Parliament and of the Council of 
30 May 2018 on organic production and labelling of organic products and repealing Council 
Regulation (EC) No 834/20071, and in particular Article 12(2) , points (b) and (e) , and Article 
23(2), point (a) , thereof,   
Whereas:  
(1) Regulation (EU) 2018/848 , and i n particular Part I of Annex II thereto, lays down 
certain requirements with regard to the use of in -conversion and non -organic plant 
reproductive material.  
(2) In view of the phasing out of the derogations from the use of organic plant 
reproductive material laid down in Article 53 of Regulation (EU) 2018/848, it is 
important to increase the production and placing on the market of organic and in -
conversion plant reproductive material .  
(3) The databases and systems referred to in Article 26(1) and (2) of Regulatio n (EU) 
2018/848, in which the Member States are required to make public information on the 
availability of organic and in -conversion plant reproductive material, do not include 
seedlings. Considering the particular nature of seedlings, it is necessary to c larify the 
rules on their use in organic production.  The availability of organic and in -conversion 
seeds for the concerned species and variety should b e taken into account to determine 
the potential availability on the market of organic and in -conversion s eedlings.  
(4) In accordance  with Article 10(4), second subparagraph,  point (a), of Regulation (EU) 
2018/848, plant reproductive material can also be marketed as in -conversion provided 
that there is compliance with a conversion period of at least 12 months. The use of in -
conversion plant reproductive material should be prior itised over the use of non -
organic plant reproductive material, as laid down in point 1.8.5.1 of Part I of Annex II 
to Regulation (EU) 2018/848. In that context , it is necessary to clarify that seedlings 
can be labelled as in -conversion when originating fr om seeds harvested from plants 
that have grown on a land parcel that completed a  conversion  period of 12 months . 
(5) However, f or some horticultural species , the current availability of the organic and in -
conversion seeds is limited , and the use of non -organic  seeds for the production of 
                                                 
1 OJ L 150, 14.6.2018, p. 1.   
EN 4  EN organic seedlings  as p lant reproductive material , grown under specific organic 
conditions, is a common technique in horticulture . 
(6) Therefore, t aking  current agronomical practices  into account , it is appropriate to allow  
the use of non -organic seedlings. Nevertheless,  in order to ensure the integrity of 
organic products, it is necessary to prohibit the use of non -organic seedlings for crops 
that have completed a production cycle within one growing season, from the 
transpl antation  of seedling s to the first harvest of the final p roduct .  
(7) However, in order to facilitate the further development of this highly specialised 
production sector and the us e of organic seedlings originating  from organic seeds 
derived from a plant  produced in accordance with point 1.8.2 of Part I of Annex II to 
Regulation (EU) 2018/848 , while giving the sector time to adapt, it is appropriate to 
introduce the possibility to authorise  exceptionally  the use of non -organic seeds for the 
production of suita ble seedlings for crops having a production cycle completed in one 
growing season , provided that certain conditions are met . In addition, it is appropriate 
to specify the indication that may appear on the package of such seedlings.   
(8) Annex es II and III to Regulation (EU) 2018/848 should therefore be amended 
accordingly.  
(9) In the interest of clarity and legal certainty, this Regulation should apply from the date 
of application of Regulation (EU) 2018/848,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Annex es II and III to Regulation (EU) 2018/848 are amended in accordance with the Annex 
to this Regulation.  
Article  2 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union . 
It shall apply from 1 January 2022 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN