EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Part I of 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  
(Text with EEA relevance)   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 this Delegated Regulation amending Regulation (EU) 
2018/848 as regards the use of in -conversion and non -organic plant reproductive material, 
because producers need to have legal certainty on the new rules that will ap ply for these 
different categories of plant reproductive materials 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 thoroughly discuss ed with Member States at the Group of Experts on Organic 
Production as well as with the main organisations representing the organic sector and plant 
reproductive material sectors, namely IFOAM and their sector specific affiliated groups, 
COPA -COGECA and ES A. 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.  
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.  
This delegated act amends current provisions concerning the possible use of in -conversion 
and non -organic plant reproductive material taking into account the long term phasing out of 
the established derog ation for use of non -organic plant reproductive material laid down under 
Article 53 of Regulation (EU) 2018/848 and the need to promote organic production of such 
material.  EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Part I of 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  
(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 C ouncil 
Regulation (EC) No 834/20071, and in particular Article 12(2)(b) thereof,  
Whereas:  
(1) Regulation (EU) 2018/848 and in 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) In accordance with Article 10(4) of Regulation (EU) 2018/848 , plant reproductive 
material may be marketed as “in -conversion” when a conversion period of at least 12 
months  is respected . Pursuant to Article 26(1)  of Regulation (EU) 2018/848  Member 
States are to ensure that a regularly updated database is established for the listing of 
the organic and in -conversion plant reproductive material, excluding seedlings but 
including seed potatoes , which is available in t heir territories. Moreover, Article 26(2) 
requires  Member States to have in place systems that allow operators that market 
organic or in -conversion plant reproductive material and that are able to supply them 
in sufficient quantities and within a reasonabl e period, to make public on a voluntary 
basis, free of charge, together with their names and contact details, information on the 
organic and in -conversion plant reproductive material, such as plant reproductive 
material of organic heterogeneous material or  of organic varieties suitable for organic 
production, excluding seedlings but including seed potatoes, which is available with 
the quantity in weight of that material  and the period of the year of its availability. 
However, Article 26(5) provides that Mem ber States may continue to use relevant 
information systems that are already in existence.  
(4) It is therefore important when organic plant reproductive material is not sufficiently 
available and such unavailability is demonstrated through records collected in  the 
above -mentioned database and systems, to prioritise the use of in -conversion plant 
reproductive material over n on-organic plant reproductive material. In addition , in 
                                                 
1 OJ L 150, 14.6.2018, p. 1.  EN 3  EN accordance with Article 6(i) of Regulation (EU) 2018/848, the use of self -produced 
organic and in-conversion plant reproductive material should be allowed.  
(5) Taking into account the current divergent practices in Member States, it is also of 
particular importance to harmonise the specific criteria and conditions for issuing 
authorisations to use non -organic plant reproductive material where o rganic and in -
conversion plant reproductive material  is not available in sufficient quality or quantity . 
Such harmonisation s hould permit to avoid potential unfair competition in organic 
production and ensure that certain precautionary provisions are applied to plant 
reproductive material  and, in case of prescribed phyto -sanitary treatments, it should  be 
subject where appropriat e to a period of conversion of the parcel as provided in points 
1.7.3. and 1.7.4. of Part I of Annex II to Regulation (EU) 2018/848.  
(6) Despite the efforts undertaken by operators involved in the production of organic plant 
reproductive material, there are st ill many species, subspecies or varieties for which 
organic and in -conversion plant reproductive material is not available and for which it 
is necessary to simplify the process of authorisations by reducing the administrative 
burden without jeopardising th e organic nature of the products. Therefore, and in order 
to reduce the number of requests for individual authorisations, it is appropriate to 
provide for annual national general authorisations for species, subspecies or varieties, 
subject to certain condi tions, and for the adoption of national lists of species or 
subspecies for which appropriate varieties of organic or in -conversion plant 
reproductive material are available in sufficient quantity . That approach should permit 
to limit the recourse to indivi dual authorisations.  In addition, tho se national lists 
constitute relevant information, which is expected to increase knowledge and certainty 
in the sector of organic plant reproductive material and thus to facilitate the further 
development both in this h ighly specialised production sector and in the use of organic 
plant reproductive material.  
(7) Part I of Annex II to Regulation (EU) 2018/848 should therefore be amended 
accordingly.  
(8) 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  
Part I of 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.  EN 4  EN Done at Brussels,  
 For the  Commission  
 The President  
 Ursula VON DER LEYEN