EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 4.9.2020  
COM(2020) 483 final  
2020/0231 (COD)  
 
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
amending Regulation (EU) 2018/848 on organic production as regards its date of 
application and certain other dates referred to in that Regulation  
(Text with EEA relevance)    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
Regulation (EU) 2018/848 of the European Parliament and of the Council, adopted on 30 May 
2018, establishes a new regulatory framework to ensure the smooth functioning of the internal 
market as regards organic production, with the aim of developing further an overall system of 
farm management and  food production that combines best environmental and climate action 
practices, a high level of biodiversity, the preservation of natural resources and the application of 
high animal welfare standards and high production standards in line with the demand o f a growing 
number of consumers for products using natural substances and processes. Organic production 
thus plays a dual societal role, where, on the one hand, it provides for a specific market 
responding to consumer demand for organic products, and, on t he other hand, it delivers publicly 
available goods that contribute to the protection of the environment and animal welfare, as well as 
to rural development.  
 
The recent adoption of the Farm to Fork Strategy1 identifies organic production as one of the way s 
to meet the requirements to create a sustainable food system. The Biodiversity strategy, 
acknowledges the role of organic production in preserving biodiversity on the European territory. 
A solid, consensual regulatory framework for the next 10 years, is therefore key for achieving the 
objective of 25% of agricultural land dedicated to organic farming and a significant increase in 
organic aquaculture by 2030, stated objectives in the Farm to Fork and Biodiversity Strategies.  
 
https://ec.europa.eu/food/sites/food/files/safety/docs/f2f_action -plan_2020_strategy -info_en.pdf  
 
The outbreak of the COVID -19 pandemic and the related public health crisis presents an 
unprecedented challenge to the Member States and puts a heavy burden on national authorities 
and organic operators. The outbreak of the COVID -19 pandemic has also created extraordinary 
circumstances that demand a substantial adaptation of the o rganic sector in terms of production, 
marketing, controls and international trade that could not reasonably have been anticipated at the 
time of adoption of Regulation (EU) 2018/848.  
 
Those extraordinary circumstances have a significant impact on various areas covered by 
Regulation (EU) 2018/848, and therefore it is very likely that Member States and organic 
operators will not be ready to ensure the proper implementation and application of that Regulation 
from 1 January 2021.  
 
In order to ensure the smooth  functioning of the internal market, to provide legal certainty to all 
organic operators, and to avoid potential market disruption, it is necessary to defer the date of 
application of certain provisions of Regulation (EU) 2018/848 by one year.  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
• Legal  basis  
The proposal is based on Article 43(2) of the Treaty on the Functioning of the European Union 
(TFEU).  
                                                 
1 https://ec.europa.eu/food/sites/food/files/safety/docs/f2f_action -plan_2020_strategy -info_en.pdf   
EN 2  EN • Subsidiarity  
According to the principle of subsidiarity, Union action may only be taken if the envisaged aims 
cannot be achieved by Member States alone. Union intervention is required to ensure the smooth 
functioning of the internal market as regards organic production and avoid potential market 
disruption. In this regard, the legislation, that is b eing amended, is adopted in full compliance with 
the principle of subsidiarity and any amendment thereto must be made through a Commission 
proposal.  
• Proportionality  
This Union action is necessary to achieve the objective of the proper implementation and 
application of Regulation (EU) 2018/848 and the relevant secondary legislation by all involved 
parties, taking into account the magnitude of the COVID -19 pandemic and the consequences on 
the organic sector of the public health crisis in terms of production , controls and trade. The 
proposed amendments aim to ensure that the intended purpose of Regulation (EU) 2018/848, that 
is to establish a framework for organic production, with the goal of developing further an overall 
system of farm management and food pr oduction that combines best environmental and climate 
action practices, a high level of biodiversity, the preservation of natural resources and the 
application of high animal welfare standards and high production standards in line with the 
demand of a grow ing number of consumers for products using natural substances and processes, 
is achieved.  
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
This proposal is not accompanied by a separate impact assessment, as this proposal  does not alter 
Regulation (EU) 2018/848 on substance and does not impose new obligations on the concerned 
parties. It aims at providing, for exceptional reasons in the context of the COVID -19 pandemic, a 
one-year deferral as regards the date of applicatio n of that Regulation and certain other dates 
referred to in that Regulation that are derived from that date.  
4. BUDGETARY  IMPLICATIONS  
The proposal does not have a budgetary impact for the EU institutions.   
EN 3  EN 2020/0231 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
amending Regulation (EU) 2018/848 on organic production as regards its date of 
application and certain other dates referred to in that Regulation  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 43(2) thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee2, 
Having regard to the opinion of the Committee of the Regions3,  
Acting in accorda nce with the ordinary legislative procedure,  
Whereas:  
(1) Regulation (EU) 2018/848 of the European Parliament and of the Council4, which 
entered into force on 17 June 2018,  establishes a new regulatory framework for 
organic production. In order to ensure a  smooth transition from the old to the new 
regulatory framework, that Regulation provides for a date of application of 1 January 
2021.  
(2) The outbreak of the COVID -19 pandemic has led to extraordinary circumstances that 
demand substantial efforts by the o rganic sector that could not reasonably have been 
anticipated at the time of adoption of Regulation (EU) 2018/848.  
(3) The outbreak of the COVID -19 pandemic and the related public health crisis presents 
an unprecedented challenge to the Member States and puts a heavy burden on organic 
operators. Operators concentrate their efforts on maintaining organic production and 
trade flows and cannot at the same time prepare themselves for the entry into 
application of new legal provisions under Regulation (EU) 2018 /848. Hence, it is very 
likely that Member States and organic operators will not be in a position to ensure the 
proper implementation and application of that Regulation from 1 January 2021.  
(4) Therefore, in order to ensure the smooth functioning of the or ganic sector, to provide 
legal certainty, and to avoid potential market disruption, it is necessary to defer the 
                                                 
2 OJ C […, , p. .  
3 OJ C , , p. .  
4 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic 
production and labelling o f organic products and repealing Council Regulation (EC) No 834/2007 (OJ 
L 150, 14.6.2018, p. 1).   
EN 4  EN date of application of Regulation (EU) 2018/848 and certain other dates referred to in 
that Regulation that are derived from that date. Taking into account the scale of the 
COVID -19 pandemic and the related public health crisis, its epidemiological 
development, as well as the additional resources required in the Member States and by 
organic operators, it is appropriate to defer the application of  Regulation (EU) 
2018/848 by one year.  
(5) In particular, several dates linked to derogations, reports or empowerments granted to 
the Commission to end or extend derogations, derived directly from the date of 
application of Regulation (EU) 2018/848. Thus, it is appropriate to defer the 
application of such dates by one year as well. The respective dates were set taking into 
account the time necessary for organic operators to adapt to the ending of derogations 
or for Member States and the Commission to collec t sufficient information on the 
availability of certain inputs for which derogations were granted, or for the 
Commission to present a report to the European Parliament and the Council and 
prepare a legislative proposal or delegated acts.  
(6) The outbreak of the COVID -19 pandemic and the related public health crisis also 
presents an unprecedented challenge to third countries and for operators based in third 
countries. Consequently, for third countries that have been recognised as equivalent 
under Article 33 (2) of Council Regulation (EC) No 834/20075 it is appropriate to 
extend the date of expiration of their recognition by one year to 31 December 2026 so 
that such third countries have enough time to change their status either by concluding 
a trade agreement with the European Union or via full compliance of their operators 
with Regulation (EU) 2018/848 without unnecessary trade disruptions for organic 
products.  
(7) Similarly, the date of expiration of the recognition of control authorities and control 
bodies i n third countries granted under Article 33(3) of Regulation (EC) No 834/2007 
should be extended by one year to 31 December 2024 to give those control authorities 
and control bodies and their certified operators in third countries the time to  overcome 
the impacts of the COVID -19 pandemic and to get ready for the new provisions.  
(8) In light of the overriding need to immediately ensure legal certainty for the organic 
sector in the current circumstances, this Regulation should enter into force as a matter 
of urgency on the day following that of its publication in the Official Journal of the 
European Union , 
HAVE ADOPTED THIS REGULATION:  
Article 1  
Regulation (EU) 2018/848 is amended as follows:  
(1) in the first sentence of Article 29(4), ‘31 December 2024’ is rep laced by ‘31 
December 2025’;  
(2) in the second subparagraph of Article 48(1), ‘31 December 2025’ is replaced by ‘31 
December 2026’;  
(3) in Article 49, ‘31 December 2021’ is replaced by ’31 December 2022’;  
                                                 
5 Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic 
products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).   
EN 5  EN (4) Article 53 is amended as follows:  
(a) in paragraph 1, ‘31 December 2035’ is replaced by ’31 December 2036’;  
(b) paragraph 2 is amended as follows:  
(i) in the introductory phrase, ‘1 January 2028’ is replaced by ‘1 January 
2029’;  
(ii) in point (a), ‘31 December 2035’ is replaced by ‘31 December 2 036’;  
(c) in paragraph 3, ‘1 January 2026’ is replaced by ‘1 January 2027’;  
(d) in paragraph 4, ‘1 January 2025’ is replaced by ‘1 January 2026’ and ‘31 
December 2025’ by ‘31 December 2026’;  
(e) in paragraph 7, ‘31 December 2025’ is replaced by ‘31 December 2026’;  
(5) in Article 57(1), ‘31 December 2023’ is replaced by ‘31 December 2024’;  
(6) in Article 60, ‘1 January 2021’ is replaced by ‘1 January 2022’;  
(7) in the second paragraph of Article 61, ‘1 January 2021’ is replaced by ‘1 January 
2022’;  
(8) Annex II is amended as follows:  
(a) in Part I, point 1.5 is amended as follows:  
(i) in the second paragraph, ‘31 December 2030’ is replaced by ‘31 
December 2031’;  
(ii) in the third paragraph, ‘31 December 2025’ is replaced by ‘31 December 
2026’;  
(b) Part II is amended as follows:  
(i) in the second sentence of point 1.9.1.1(a), ‘1 January 2023’ is replaced 
by ‘1 January 2024’;  
(ii) in the second sentence of point 1.9.2.1(a), ‘1 January 2023’ is replaced 
by ‘1 January 2024’;  
(iii) in the introductory phrase  of point 1.9.3.1(c), ‘31 December 2025’ is 
replaced by ‘31 December 2026’;  
(iv) in the introductory phrase of point 1.9.4.2(c), ‘31 December 2025’ is 
replaced by ‘31 December 2026’;  
(c) in Part III, in the second paragraph of point 3.1.2.1, ‘1 January 202 1’ is 
replaced by ‘1 January 2022’;  
(d) in Part VII, in the second sentence of point 1.1, ‘31 December 2023’ is 
replaced by ‘31 December 2024’.  
Article 2  
This Regulation shall enter into force on the day following that of its publication in the 
Official Jo urnal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.   
EN 6  EN Done at Brussels,  
For the European Parliament  For the Council  
The President  The President