EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2018/848 of the European Parliament and of the 
Council as regards exceptional production rules in organic production  
(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.    
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 202 1, it is necessary to adopt a  delegated regulation supplementing Regulation (EU) 
2018/848 on the exceptional production rules so derogations to organic production rules can 
apply in case of catastrophic circumstances. Producers need to hav e legal certainty on the new 
rules that will apply in case of catastrophic circumstances and EU Member States need to 
have 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 organisations 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  also carried out.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This delegated act lays down possible derogations from the organic production rule s in case 
of catastrophic circumstances like ‘adverse climatic event’, ‘animal diseases’, ‘environmental 
incident’, ‘natural disaster’, ‘catastrophic event’ or any comparable situ ation together with the 
procedures  to be applied by the competent authorities  of EU Member States and rules on 
monitoring and reporting.   
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2018/848 of the European Parliament and of the 
Council as regards exceptional production rules in organic production  
(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 22(1) (b) and (c) thereof , 
Whereas:  
(1) Chapter III of Regulation (EU) 2018/848 lay s down general  production rules for 
organic products.  
(2) Certain  events  such as extreme climatic events or  widespread animal or plant diseases 
may have serious effects on the organic production in the holdings  or production units 
affected  in the Union . In order  to allow  organic production  to continue or 
recommence, Regulation (EU) 2018/848 provides for the adoption of exceptional 
production rules, provided that they are limited to situations that qualify as 
catastrophic circumstances in the Union , taking into account the differences in the 
ecological balance, climate and local conditions in the outermost regions of the Union.  
(3) Having regard to the variety of cases and circumstances that may occur in the Member 
States  and in view of the lack of experience with the applicatio n of Article 22 of 
Regulation (EU) 2018/848, it is not possible, at this stage, to set common criteria at 
Union level to determine  whether  a situation could qualify as  catastrophic 
circumstances . However, it is appropriate to provide that the Member State where  such 
a situation occurs should issue a formal decision recognising the situation as 
catastrophic circumstances. That formal decision should be issued either for a whole 
area or for an individual operator.   
(4) It is necessary to limit the use of exceptio nal production rules in the Union to what is 
strictly necessary to organic production to continue or recommence . The derogations 
provided for in this Regulation should therefore be limited in time and only be granted 
to the affected types of production, or, where relevant, land parcels , and to all relevant 
operators in the area concerned, or to the individual operator covered by the formal 
decision.  
(5) It is necessary to lay down in this Regulation the exceptional production rules that may 
be applied in case o f catastrophic circumstances for plant, livestock,  aquaculture and 
wine production in terms of derogations and their conditions.  
                                                 
1 OJ L 150, 14.6.2018, p. 1.   
EN 3  EN (6) When operators affected by catastrophic circumstances cannot have access to organic 
plant reproductive material  for the organic  production of plants and plant products 
other than plant reproductive material,  it is necessary to provide for the possibility for 
those operators to use  in-conversion or  non-organic plant reproductive material under 
certain conditions.  
(7) When a high mortal ity of animals, including bees or other insects, occurs in a holding 
or a production unit and operators cannot have access to organic animals, bees or other 
insects to renew or reconstitute their herd or flock, it is necessary to provide for the 
possibilit y for those operators to use non -organic animals under certain conditions.  
(8) As certain extreme climatic events such as serious droughts or flooding may reduce 
drastically the availability of organic or in -conversion feed , it is necessary to provide 
for the possibility for the operators affected to feed livestock with non -organic feed..  
(9) As certain events such as earthquakes or flooding may destroy partly the grazing lands 
or the buildings used by livestock in a holding or a production unit, it is necessary to  
provide for the possibility for the operators affected to derogate from the obligation for 
livestock to graze, or to be kept according to the maximum stocking densities in 
buildings and minimum surfaces for indoor and outdoor areas as laid down in an 
implementing act adopted pursuant to Article 14(3) of Regulation  (EU) 2018/848 . 
(10) As certain extreme climatic events such as serious droughts or flooding may reduce 
drastically the availability of organic roughage, fresh or dried fodder, or silage, it is 
necessa ry to provide for the possibility for the operators affected to decrease the 
percentage of the dry matter in the daily rations for bovine animals, ovine animals, 
caprine animals and equine animals , provided that the animals’ nutritional 
requirements at the ir various stages of their development are met.  
(11) As certain events other than climatic conditions such as fires or earthquakes may 
reduce drastically the availability of nectar and pollen for bees, it is necessary to 
provide for the possibility to feed bee colonies with organic honey, organic pollen, 
organic sugar syrups, or organic sugar, where the survival of the colony is endangered.  
(12) As certain events such as extreme climatic conditions, fires or earthquakes may reduce 
drastically the sources of nectar a nd pollen in certain areas, it is necessary to provide 
for the possibility for the operators affected to move bee colonies to areas that may not 
consist essentially of organically produced crops, or of spontaneous vegetation or non -
organically managed fore sts or crops that are only treated with low environmental 
impact methods, where the survival of the colony is endangered.  
(13) When a high mortality of aquaculture animals occurs in a holding or a production unit 
and operators cannot have access to organic aqu aculture animals to renew or 
reconstitute their stock, it is necessary to provide for the possibility for those operators 
to use non -organic aquaculture animals under specific conditions.  
(14) When certain catastrophic circumstances negatively affect the sanitary status of 
organic grapes, it is necessary to provide for the possibility for winemakers affected to 
use more sulphur dioxide than the maximum amount as laid down in the implementing 
act adopted pursuant to  Article 24(9) of Regulation (E U) 2018/848  but in any case no 
more than the maximum amount set out in Part B of Annex I to Commission 
Delegated Regulation (EU) 2019/ 9342 to obtain a comparable final product.  
                                                 
2 Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) 
No 1308/2013 of the European Parliament and of the Council as regards wine -growing areas where the  
EN 4  EN (15) For the purpose of transparency and controls, it is necessary that information on the 
derogations granted is shared in an harmonised way between Member States and the 
Commission via a computer system.  
(16) It is necessary to ensure that operators to whom derogations were granted comply with 
the conditions of the derogations  granted. For the purpose of controls, operators should 
keep documentary evidence proving that they were granted certain derogations 
relevant to their activities and that they comply with the conditions related thereto.  
(17) 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  
Recognition of catastrophic circumstances  
1. For the purposes of the exceptional production rules referred to in Article  22(1) of 
Regulation (EU) 2018/848, in order for a situation to qualify as catastrophic 
circumstances deriving from an ‘adverse climatic event’, ‘animal diseases’, an 
‘environmental incident’, a ‘natural disaster’ or a ‘catastrophic event’, as well as any 
comparable situation, it shall be recognised as catastrophic circumstances by a 
formal decision issued by the Member State in which the situation occurs . 
2. Depending on whether the  catastrophic circumstances affect a specific area or an 
individual operator, the formal decision issued under paragraph 1 shall refer to the 
area or operator concerned.  
Article  2 
Conditions for derogations  
1. Following the formal decision referred to in Article 1, the competent authorities  
may, upon identification of  the operators af fected in the area concerned or upon 
request from the individual operator concerned, grant the relevant derogations set out 
in Article 3 and the conditions related thereto, provided that those derogations and 
conditions apply:  
(a) for a limited period and no l onger  than necessary, and in no case longer than 12 
months, to continue or recommence  organic production as carried out before 
the date of application of those derogations;  
(b) in relation to specifically affected types of production or, where relevant, land 
parcels; and  
                                                                                                                                                         
alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the 
production and conservation of grapevine products, the minimum percentage of alcohol for by -products 
and their disposal, and publicatio n of OIV files  (OJ L 149, 7.6.2019,  p.1). 
  
EN 5  EN (c) to all relevant organic operators affected in the area concerned or only to the 
individual operator concerned, as the case may be.  
2. The application of the derogations referred to in paragraph 1 shall be without 
prejudice to the validity of the certificates referred to in Article 35 of Regulation 
(EU) 2018/848 during the period where the derogations apply, provided that the 
operator or operators concerned fulfil the conditions under which derogations were 
granted.  
Article 3  
Specific d erogations from Regulation  (EU) 2018/848  
1. By way of derogation from point 1.8.1. of Part I of Annex II to Regulation (EU) 
2018/848, for the production of plants and plant products other than plant 
reproductive material, in-conversion or  non-organic plant reproductive material may 
be used when the use of organic plant reproductive material is not possible , provided 
that point 1.8.5.3. of Part I of that Annex and, where appropriate, the requirements 
set out in point 1.7. of Part I of that Annex are complied with.  
2. By way  of derogation from point 1.3.1 of Part II of Annex II to Regulation (EU) 
2018/848, the herd or flock may be renewed or reconstituted with non -organic 
animals in the case of high mortality of animals  and when organically reared animals 
are not available , provided that the respective conversion periods specified in point 
1.2.2 of Part II of that Annex II are complied with.   
The first subparagraph shall apply mutatis mutandis  to the production of bees and 
other insects.    
3. By way of derogation from point 1.4.1.(b) of Part II of Annex II to Regulation (EU) 
2018/848, livestock may be fed with non -organic feed instead of organic or in -
conversion feed, when feed production is lost or restrictions are imposed.  
4. By way of derogatio n from points 1.4.2.1., 1.6.3. and 1.6.4. of Part II of Annex II to 
Regulation (EU) 2018/848, when the production unit of livestock is affected, the 
grazing on organic land, the stocking density in buildings and minimum surfaces for 
indoor and outdoor area s as laid down in an implementing act adopted pursuant to 
Article 14(3) of that Regulation  may be  adapted . 
5. By way of derogation from point 1.9.1.1.(f) of Part II of Annex II to Regulation (EU) 
2018/848, when feed production is lost or when restrictions are  imposed , the 
percentage of the dry matter consisting of roughage, fresh or dried fodder, or silage 
in daily rations may be reduced, provid ed that the animal’s nutritional requirements 
at the various stages of its development are met.  
6. By way of derogation from point 1.9.6.2.(b) of Part II of Annex II to Regulation 
(EU) 2018/848, where the survival of the colony is endangered for other reasons than 
climatic conditions , bee colonies may be fed with organic honey, organic pollen, 
organic sugar syrups, or organ ic sugar.  
7. By way of derogation from points 1.9.6.5.(a) and (c) of Part II of Annex II to 
Regulation (EU) 2018/848, where the survival of the colony is endangered, bee 
colonies may be  moved to areas not respecting the provision s for the placing of the 
apiaries.   
EN 6  EN 8. By way of derogation from point 3.1.2.1.(a) of Part III of Annex II to Regulation 
(EU) 2018/848, aquaculture stock may be renewed or reconstituted with non -organic 
aquaculture animals in case of high mortality of aquaculture animals and when 
organic ally reared animals are not available, provided that the latter two thirds of the 
duration of the production cycle are managed under organic management.  
9. By way of derogation from the implementing act adopted pursuant to  Article 24(9) 
of Regulation (EU) 20 18/848 and establishing in particular the conditions for use of 
products and substances authorised in organic production , sulphur dioxide may be 
used in the making of products of the wine sector , up to the maximum content set out 
in Part B of Annex I to De legated Regulation (EU) 2019/ 934 when the sanitary status 
of organic grapes oblig es the winemaker to use more sulphur dioxide than in 
previous years to obtain a comparable final product.  
Article 4  
Monitoring and reporting  
1. Member States  shall  immediately inform the Commission and the other Member 
States  on the derogations granted by their competent authorities  pursuant to this 
Regulation via a computer system made available by the Commission that enables 
the electronic exchange of documents and information . 
2. Any operator  to whom the granted derogations apply  shall keep documentary 
evidence relating to the granted derogations as well as documentary evidence on the 
use of those derogations during the period where those derogations apply.  
3. The c ompetent authorit ies, or  where appropriate , the control authorities or control 
bodies of the Member States,  shall verify the compliance of the operators with the 
conditions of the granted derogations.  
Article 5  
Entry into force and application  
This Regulation shall enter i nto 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 Bruss els, 
 For the Commission  
 The President  
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