EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Delegated Regulation (EU) 2020/427 as regards the date of application of the 
amendments to certain detailed production rules for organic products in Annex II to 
Regulation (EU) 2018/848 of the European Parliament and of the Council  
 
(Text with EEA  relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Following the recent postponement by one year of the date of application of Regulation (EU) 
2018/848 of the European Parliament and of the Council on organic production and labelling 
of organic products,  it is necessary to amend the date of application of the acts based on that 
Regulation. For Commission Delegated Regulation (EU) 2020/427  amendin g Annex II to 
Regulation (EU) 2018/848 as regards certain detailed production rules for organic products, 
the date of application needs to be modified from 1 January 2021 to 1 January 2022. 
Producers need to have legal certainty on the new rules that will apply and the Member States 
need to have enough time to integrate these new rules into their national legislation.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
There is no need for consultation as this is merely an alignment of date of application wit h the 
date of application of the basic act.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This delegated act provides for an alignment with the new date of application of Regulation 
(EU) 2018/848, hence it modifies only the date from 1 January 2021 to 1 January 2 022. EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Delegated Regulation (EU) 2020/427 as regards the date of application of the 
amendments to certain detailed production rules for organic products in Annex II to 
Regulation (EU) 2018/848 of the European Parliament and of the Council  
 
(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 s 12(2)(e), 14(2)(c)  and 15(2)(a)  and 
(d) thereof,   
Whereas:  
(1) Due to the outbreak of the COVID -19 pandemic  and the related public health crisis , 
Regulation (EU) …/… of the European Parliament and of the Council2 postponed the 
date of application of Regulation (EU) 2018/848 by one year, together with other 
related dates referred to in Regulation (EU) 2018/848.  
(2) Commission Delegated Regulation (EU)  2020/4273 amended Regulation (EU) 
2018/848 as regards certain detailed production rules for organic products. In the 
interest of legal certainty , those production r ules should apply from the date of 
application of Regulation (EU) 2018/848.  
(3) Delegated Regulation (EU) 2020/427 should therefore be amended accordingly,  
(4) As this Regulation needs to apply as a matter of urgency, it sh ould enter into force on 
the day  of its p ublication in the Official Journal of the European Union  and apply 
from 1 January 2021,  
HAS ADOPTED THIS REGULATION:  
Article 1  
In Article 2 of Delegated Regulation (EU) 2020/4 27, the second  paragraph is replaced by the 
following:   
‘It shall apply from 1 January 2022 .’ 
                                                 
1 OJ L 150, 14.6.2018, p. 1.  
2 Regulation (EU) …/… of the European Parliament and of the Council of […] amending Regulation 
(EU) 2018/848 as regards its date of application and certain other dates referred to in that Regulation 
(OJ L [ xxx, xx/xx/2020]).  
3 Commission Delegated Regulation (EU) 2020/427 of 13 January 2020 amending Annex II to 
Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain detailed 
production rules for organic pro ducts ( OJ L 87, 23.3.2020, p. 1 ). EN 3  EN Article  2 
This Regulation shall enter into force on the day 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 al l Member States.  
 
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN