EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annex III to Regulation (EU) 2018/848 of the European Parliament and of the 
Council as regards certain information to be provided on the labelling of organic 
products  
(Text with EEA relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Following the adoptio n of the new organic regulation,  it is necessary to adopt a delegated 
regulation amending Regulation (EU) 2018/848 on detailed production rules of organic 
products related to collection, packaging, transport and storage of non -organic feed and of 
mixtures of fodder plant seeds that may be used in organic production in accorda nce with 
Regulation (EU) 2018/848 . Producers need to be thoroughly informed on the composition of 
such products in order to comply with the organic production rules . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The act was discussed thoroughly with Me mber 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 dr afting these rules. WTO partners were notified and 
general public consultation was carried out.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This delegated act lays down additional rules on packaging and transport of feed  product s and 
mixtures of fodder plant se eds to other operators or units . EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annex III to Regulation (EU) 2018/848 of the European Parliament and of the 
Council as regards certain information to be provided on the labelling of organic 
products  
(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 an d 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 23(2)(a) thereof,  
Whereas:  
(1) Chapter III of Regulation (EU) 2018/848 lays down production ru les applicable to 
organic production , while Annex III to that Regulation set out rules on, inter alia , 
packaging and transport of organic and in -conversion products. In particular, point 2.1. 
of that Annex requires certain information to be stated on the l abel or on an 
accompanying document.  
(2) The feeding of livestock and aquatic animals  with organic feed is one of the principles 
of organic production. However, the production rules allow, under certain conditions, 
the use of certain non -organic and in -convers ion feed materials.  
(3) In order to comply with organic production rules, the operators should be 
appropriately informed as regards the feed they use. In particular, they should know 
whether the feed is authorised in organic production, what is its exact comp osition and 
the proportion of organic, in -conversion and non -organic compounds of the feed.  
(4) Plant reproductive material, including seeds, used for the production of organic  plants 
or plant products has to be organic in accordance with point 1.8.1. of Part I of Annex 
II to Regulation (EU) 2018/848 . However, due to the unavailability of organic plant 
reproductive material for certain species , subspecies  or varieties, point 1.8.5. of Part I 
of that Annex  allows the use of in -conversion plant reproductive mater ial and provides  
for the authorisation to use non -organic plant reproductive material under certain 
conditions.  
(5) Pursuant to Council Direc tive 66/401/EEC2, seeds in mixtures of various genera, 
species or varieties of  fodder plants may be placed on the marke t, provided that, inter 
alia, the p ercentage by weight of the var ious components, shown by species and , 
where appropriate, by variety, is reported on the official label.  
                                                 
1 OJ L 150, 14.6.2018, p. 1.  
2 Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed  (OJ 125, 
11.7.1966, p. 2298 ). EN 3  EN (6) In view of the importance of the use of mixtures of fodder plant seeds to grant high 
nutritional quality of fodder , and including when not intended for use as fodder plants,  
to improve the adaptability of the plants  to the  regional agronomic conditions and to 
increase soil fertility and biodiversity, in particular when the seeds mixtures  are used 
in agronomic practices for soil and water conservation such as cover crops and taking 
into account the lack of available organic or in -conversion seeds for fodder plant 
species, it is possible to use mixtures of fodder plant seeds in compliance w ith organic 
production rules , even when  containing organic  and, in-conversion  and authorised 
non-organic seeds of different fodder plant species . For that purpose,  precise  
information on the presence and amount of organic and in -conversion components of 
the mixtures should be  available for the users, without prejudice to the  requirements 
and information required under Directive 66/401/EEC.  
(7) However, the label of the packaging of such mixtures should also indicate that their 
use is allowed only within the sc ope of the authorisation i ssued under point 1.8.5. of 
Part I of Annex II to Regu lation (EU) 2018/248 and therefore, only in the territory of 
the Member State of the competent authority who granted it.  
(8) Moreover, in order to promote the use of organic and i n-conversion seeds and to 
ensure a harmonised quantitative minimum threshold, it is appropriate to set a 
minimum total percentage by weight of organic and in -conversion seeds that should be 
part of the mixture when reference to organic and in -conversion co mponents will 
appear on the label.  
(9) Point 2.1 of Annex III to Regulation (EU) 2018/848 should therefore be amended 
accordingly.  
(10) 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  
Point 2.1. of Annex III 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 [date of entry into application of Regulation 2018/848 ]. 
This Regulation shall be binding in its entirety and directly applicable in all Member States . 
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen