EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the 
Council as regards certain detailed production rules for organic products  
(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.   
Ref. Ares(2019)4458569 - 11/07/2019 
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Following the adoption of the new organic regulation, which will enter into application on 1 
January 2021, it is necessary to adopt a delegated r egulation amending Regulation (EU) 
2018/848 on detailed production rules of organic products related to sproute d seeds, feeding 
of bee colonies and carnivorous aquaculture animals as well as juvenile aquaculture 
production. Producers need to have legal certainty on the new rules that will apply for these 
different product categories and EU Member States need to hav e enough time to integrate 
these new rules into their national legislations.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The act was discussed  thoroughly  with Member States at the Group of Experts on Organic 
Production as well as with the main organi sations representing the organic sector, namely 
IFOAM, COPA -COGECA and EOCC. DG AGRI cooperated closely with other DGs in the 
field of their specific expertise when drafting these rules. WTO partner s were notified and 
general public consultations were carr ied out.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This delegated act lays down additional production rules on different product categories: 
further details and cultivation practices for production of sprouts by moistening of seeds, 
feeding of bee colonies, feed for carnivorous aquaculture animals and further detailed 
conditions for juvenile production.   
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annex II to Regulation (EU) 2018/848 of  the European Parliament and of the 
Council as regards certain detailed production rules for organic products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulati on (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)(e), Article 14(2)(c)  and Article 
15(2) (a) and (d) thereof,  
Whereas:  
(1) Chapter III of Regulation (EU) 2018/848  lays down general production rules for 
organic products , while detailed production rules are set out in Annex II to that 
Regulation . 
(2) Since for the production of sprouts by moistening of the seeds, the seedlings u se 
exclusively the reserves in the seeds  to sprout  and are consumed  directly as foodstuff , 
the seeds used for the production of sprouts should be organic.  
(3) As regards the feeding of bee colonies , where the survival of the colony is  endangered 
due to climatic conditions , the possibility to use pollen from organic apiculture could 
avoid the larvae to starve. In order to en hance the chances of survival of the colony , it 
is appropriate to allow  bee colonies also to be fed with  organic pollen.  
(4) As regards  the requirements on the origin of aquaculture animals, in particular juvenile 
production, the larval rearing is characterised by three phases : the egg hatching and 
autotrophic phase whe re larvae consume their yolk sac reserves,  the heterotrophic 
phase whe re larvae are fed on plankton and the final weaning to  new feeding regimes . 
As that  last phase of larval development leads to the juvenile form , new conditions for 
juvenile production should be  provided that incorporate the most  recent knowledge on 
the sector in line with organic principles . 
(5) The current rules on feed for carnivorous aquaculture animals include a general 
quantitative restriction on feed  of plant origin.  As the resulting diet does not meet the 
nutritional needs of all species and stages of development, that restriction should be 
abolished . 
(6) Annex II to Regulation (EU) 2018/848 should therefore be amended accordingly.  
(7) In the interest of clarity and legal certainty, this Regulation should apply from the date 
of applica tion of Regulation (EU) 2018/ 848, 
                                                 
1 OJ L 150, 14.6.2018, p. 1.   
EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Annex II to Regulation (EU) 2018/848 is amended in accordance with the Annex to this 
Regulation.  
Article  2 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from 1 January 2021 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
 
Done at Brussels,  
 For the Commission  
 The President  
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