EN   EN  
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EC) No 889/2008 laying down detailed rules for the 
implementation of Council Regulation (EC) No 834/2007 on organic production and 
labelling of organic products with regard to organic production, labelling and control  
(Text with EEA re levance)  
  
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EC) No 889/2008 laying down detailed rules for the 
implementation of Council Regulation (EC) No 834/2007 on organic production and 
labelling of organic products with regard to organic production, labelling and control  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union, 
Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic 
production and labelling of organic products and repealing Regulation (EEC) No 2092/911, 
and in particular Article  16(1) and ( 3)(a), Article 21(2) and Article 22(1) thereof , 
Whereas:  
(1) Article 42 (b) of Commission Regulation (EC) No 889/20082 provides that, when 
organically reared pullets are not available, non -organically reared pullets for egg 
production of not more than 18 weeks may  be brought into an organic li vestock unit  
under certain conditions until 31 December 2020. 
(2) Organically reared pullets for egg production ha ve not been available in sufficient 
quality and quantity on the Union market to meet the needs of laying hen farmers. In 
the meantime, d ue to the outbreak of the COVID -19 pandemic and the related public 
health crisis, Regulation (EU) …/… of the European Parliament and of the Council3 
postponed the date of application of Regulation (EU) 2018/848 of the European 
Parliament and of the Council4 by one year together with other related dates referred 
to in Regulation (EU) 2018/848. Consequently, the entry into application of 
Commission Implementing Regulation (EU) 2020/4645 setting , inter alia , more 
detailed provisions for the organic production of pullets  will also be deferred to 1 
January 2022. Therefore, i n order to give  more time to develop the production of 
organic pullets for egg production and to ensure continuity of organic egg production 
until the new dates of entry into application of Re gulation (EU) 2018/848 and 
                                                 
1 OJ L 189, 20.7.2007, p. 1.  
2 Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the 
implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of 
organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).  
3 Regulation (EU) …/… of the European Parliament and of the Council  of […]  amending Regulation 
(EU) 20 18/848 as regards its date of application and certain other dates referred to in that Regulation 
(OJ L [xxx, xx/xx/2020, p. xx ]). 
4 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 834/2007  (OJ 
L 150, 14.6.2018, p. 1. ). 
5 Commission Implementing Regulation (EU) 2020/464 of 26 March 2020 laying down certain rules for 
the application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards 
the documents needed for the retroactive recognition of periods for the purpose of conversion, the 
production of organic products and information to be provided by Member States (OJ L 98, 31.3.2020, 
p. 2).  
EN 2  EN Implementing Regulation (EU) 2020/464, the period of application of the exceptional 
production rule allowing the  use of non-organically reared pullets for egg production 
of not more than 18 weeks should be extended until 31 Decem ber 2021. 
(3) Under Article 43 of Regulation (EC) No 889/2008, where farmers are unable to obtain 
protein feed exclusively from organic production, a maximum of 5% of non- organic 
protein feed may be used for porcine and poultry species  per period of 12 months for 
calendar years 2018, 2019 and 2020. 
(4) Organic protein feed has not been available in sufficient quality and quantity on the 
Union market to meet the nutritional requirements of pigs and poultry raised on 
organic farms. The production of organic protein c rops for feed is still lagging behind 
demand. It is therefore appropriate to extend the possibility to use  a limited proportion 
of non- organic protein feed with another calendar year until the new date of entry into 
application of Regulation (EU) 2018/848, in particular for the purposes of  the 
provisions on nutrition of porcine animals and poultry in points 1.9.3.1.( c) and 
1.9.4.2.(c)  of Part II of Annex II  to that Regulation. 
(5) In accordance with Article 16(3)(b) of Regulation (EC) No 834/2007, several Member 
States have submitted dossiers on certain substances to the Commission and the other 
Member States, with a  view to their authorisation and inclusion in Annexes V and VIII 
to Regulation (EC) No 889/2008. Those dossiers have been examined by the Expert 
Group for Technical Advice on Organic Production (EGTOP) and the Commission. 
(6) In its recommendations with regard to feed materials and feed additives6 EGTOP 
concluded that “ monoam monium phosphate (ammonium dihydrogen orthophosphate) ” 
used as mineral feed complies with the objectives and principles of organic 
aquaculture. Therefore, that  substance should be included in Section 1 of Annex V to 
Regulation (EC) No 889/2008, but only fo r aquaculture. For reasons of clarity, the 
table in that Section should be replaced in its entirety.  
(7) In its recommendations with regard to food additives and food processing aids7 
EGTOP concluded that “sodium alginate” used as an additive for skin formation of 
sausages based meat, “calcium chloride” used as a processing aid for skin formation of 
sausages based on meat, and “activated carbon” used as a processing aid for food 
products of animal origin comply with the objectives and principles of organic 
production. Therefore, those substances should be included in Annex VIII to 
Regulation (EC) No 889/2008.  
(8) Regulation (EC) No 889/2008 should therefore be amended accordingly.  
(9) In light of the need to immediately ensure legal certainty for the organic sector on the 
extension of the current derogations for pullets and the use of organic protein feed, this 
Regulation should enter into force as soon as possi ble. 
(10) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee on Organ ic Production,  
                                                 
6 Final report on Food VI and Feed IV:  
https://ec.europa.eu/info/food -farming -fisheries/farming/organic -farming/co -operation -and-expert -
advice/egtop -reports_en.  
7 Final report on Food VI and Feed IV:  
https://ec.europa.eu/info/food -farming -fisheries/farming/organic -farming/co -operation -and-expert -
advice/egtop -reports_en.   
EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EC) No 889/2008 is amended as follows:  
(1) in Article 42(b), the date '31 December 2020' is replaced by '31 December 2021' ; 
(2) in Article 43, the second paragraph is replaced by the following:  
'The maximum percentage of non- organic protein feed authorised per period of 12 
months for those species shall be 5% for calendar years 2018, 2019, 2020 and 2021' ; 
(3) Annexes V  and VIII are amended in accordance with the Annex to this Regulation.  
Article  2 
This Regulation shall enter into force on the  day following that of its publication in the 
Official Journal of the European Union. 
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