EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
ANNEX  
 
ANNEX  
to the  
COMMISSION DELEGATED REGULATION (EU) .../...  
of XXX  
amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the 
Council as regards the use of in -conversion and non -organic plant reproductive material   EN 1  EN ANNEX  
 
Part I of Annex II to Regulation (EU) 2018/848 is amended as follows:  
(1) point s 1.8.5.1. to 1.8.5.5. are  replaced by the following:  
‘‘1.8.5.1. By way of derogation from point 1.8.1, where the data collected in the database 
referred to in Article 26(1) or the system referred to in point (a) of Article 26(2) shows that 
the qualitative or quantitative needs of the operator regarding relevant organic p lant 
reproductive material  are not met, the operator may use in -conversion plant reproductive 
mater ial in accordance with point (a) of the second subparagraph of  Article 10(4) .  
Where organic and in -conversion plant reproductive material is not available in sufficient 
quality or quantity to fulfil the operator ’s needs , competent authorities may authorise the use 
of non -organic plant reproductive material subject to  points 1.8.5.3.  to 1.8.5. 7.  
Such individual authorisation shall only be issued in one of the following situations:  
(a) where no variety of the species that the operator  wants to obtain is registered in the 
database referred to in Article 26(1) or the system referred to in point (a) of Article 
26(2) ;  
(b) where no supplier, meaning an operator who mark ets plant reproductive material ,  is 
able to deliver the relevant organic or in -conversion plant reproductive material in 
time for sowing or planting in situations where the user has ordered the plant 
reproductive material in reasonable time to allow the p reparation and supply of 
organic or in conversion plant reproductive material;  
(c) where the variety that the operator  wants to obtain is not registered as organic or in -
conversion plant reproductive material in the database referred to in Article 26(1) or 
the system referred to in point (a) of Article 26(2), and the operator  is able to 
demonstrate that none of the registered alternatives of the same species are 
appropriate in particular to the agronomic and pedo -climatic  conditions  and 
necessary technological  properties for the production to be obtained and that , 
therefore,  the authorisation is significant for his or her production;  
(d) where it is justified for use in research, test in small -scale field trials, for variety  
conservation purposes or for product innovation and a greed by the competent 
authorities  of the Member State  concerned . 
Prior to requesting any such authorisation , the operator shall consult the database referred to 
in Article 26(1) or the system referred to in point (a) of Article 26(2) in order to verify 
whether relevant organic or in -conversion plant reproductive material is available and thus 
whether his or her  request is justified . 
When in compliance with Article 6 (i) operator s may use both organic and in-conversion plant 
reproductive material  obtained from their own holding , irrespective of the qualitative and 
quantitative availability according to the databa se referred to in Article 26(1) or the system 
referred to in point (a) of Article 26(2 ).  
1.8.5.2. By way of derogation from point 1.8.1., operator s in third countries may use in -
conversion plant reproductive material in accordance with point (a) of the second 
subparagraph of Article 10(4) when organic plant reproductive  material  is justified  to be not 
available in sufficient quality or quantity in th e territory of the third country  in which the 
operator is located.  EN 2  EN Without prejudice to relevant  national rule s, operators in third c ountries may use both organic 
and in -conversion plant reproductive material obtained from their own holding .  
Control authorities or control bodies recognised in accordance with Article 46(1) m ay 
authorise operators in third countries to use non -organic plant reproductive material in an 
organic production unit when organic or in -conversion plant reproductive material is not 
available in sufficient quality or quantity in the territory of the thir d country in which the  
operator is located, under the conditions laid down under points 1.8.5.3,  1.8.5.4 and 1 .8.5.5.  
1.8.5.3. Non-organic plant reproductive material shall not be treated after harvest with plant 
protection products other than those author ised for the treatment of plant reproductive 
material in accordance with Article 24(1) of this Regulation, unless chemical treatment has 
been prescribed in accordance with Regulation (EU) 2016/2031 for phytosanitary pur poses by 
the competent authorities  of the Member State concerned for all varieties and heterogeneous 
material of a given species in the area in which the plant reproductive material is to be used.  
Where the non -organic plant reproduc tive material treated with the prescribed chemical 
treatment referred to in the first paragraph is used, the parcel on which the treated plant 
reproductive material is growing shall be subject , where appropriate , to a conversion period as 
provided in  points 1.7.3. and 1.7.4.   
1.8.5.4. The authorisation to use n on-organic plant reproductive material shall be obtained 
before the sowing or planting of the crop.  
1.8.5.5. The authorisation to use non -organic plant reproductive material shall be granted to 
individual users for one season at a t ime, and the competent a uthorities , control authority or 
body re sponsible for authorisations shall list the quantities of the authorised plant 
reproductive material . 
(2) the following points 1.8.5.6.  and 1.8.5. 7. are inserted : 
“ 1.8.5. 6. The competent authorities  of the Member State s shall create an official list of 
species , subspecies  or varieties  (grouped if applicable)  for which it is established that organic  
or in -conversion  plant reproductive material is available in sufficient quantities and  for the 
appropriate varieties in their territory. No authorisations shall be issued for t he species , 
subspecies or varieties included in that list in the territory of the Member State concerned 
pursuant to point 1.8.5.1. unless these are justified by one o f the purposes referred to in point 
1.8.5. 1.(d). If the quantity or quality of organic  or in -conversion  plant reproductive material 
available for a species , subspecies or variety  on the list turns out to be insufficient  or 
inappropriate , due to exceptional  circum stances, the competent authorities  of the  Member 
State s may remove  a species , subspecies or variet y from the list .  
The competent authorities  of the Member State s shall keep the ir list updated  on an annual 
basis and shall  make th at list publicly available.  
By 30 June each year and for the first time by 30 June 2022, t he competent authorities  of the 
Member State s shall  transmit to the Commission and to the other Member States the link to 
the internet website  where the updated list is made  publicly available . The Commission shall 
publish  the links to the national updated lists on a dedicated website.  
1.8.5. 7. By way of derogation from point 1.8.5 .5., the competent authorities  of the Member 
State s may a nnually grant a general authorisation  to all operators concerned for the use of : 
(a) a given species or subspecies when and in so far as  no variety is registered in the database 
referred to in Article 26(1)  or the system referred to in point (a) of Article 26(2);  EN 3  EN (b) for a given variety when and in so far as the conditions laid down in point  1.8.5. 1.(c) are 
fulfilled . 
When  using a general authorisation , operators shall keep records of the quantit y used and 
competent authority  responsible for authorisations shall list the quantities of authorised non -
organic plant reproductive material.  
The competent authorities  of the Member State s shall keep t he list of species , subspecies or  
varieties for w hich a general authorisation is issued updated on an annual basis and shall make 
that list  publi cly available.   
By 30 June each year and for the first time by 30 June 2022, t he competent authorities  of the 
Member State s shall transmit to the Commission and to the other Member States the link to 
the internet website where the updated list is made publ icly available . The Commission shall 
publish  the links to the national updat ed lists on a dedicated website .”