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
Date: 2020-09-04
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: agricultural product, agricultural production, application of EU law, consumer information, epidemic, food inspection, infectious disease, labelling, organic farming, organic product

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   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)  
 
 
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 of 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 the 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 ways 
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 organic 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). 

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https://ec.europa.eu/food/sites/food/files/safety/docs/f2f_action-plan_2020_strategy-info_en.pdf 

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• 

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 being 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 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 of a growing number of consumers for products using natural substances and processes, 
is achieved. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

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  application  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. 

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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 accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

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. 

The outbreak of the COVID-19 pandemic has led to extraordinary circumstances that 
demand substantial efforts by the organic sector that could not reasonably have been 
anticipated at the time of adoption of Regulation (EU) 2018/848.  

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 organic sector, to provide 
legal  certainty,  and  to  avoid  potential  market  disruption,  it  is  necessary  to  defer  the 

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OJ C […, , p. . 
OJ C , , p. . 
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). 

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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. 

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  collect  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.  

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. 

Similarly,  the  date  of  expiration  of  the  recognition  of  control  authorities  and  control 
bodies in 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. 

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, 

(5) 

(6) 

(7) 

(8) 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU) 2018/848 is amended as follows: 

Article 1 

(1) 

(2) 

in  the  first  sentence  of  Article  29(4),  ‘31  December  2024’  is  replaced  by  ‘31 
December 2025’; 

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’; 

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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). 

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(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 2036’; 

(c) 

(d) 

in paragraph 3, ‘1 January 2026’ is replaced by ‘1 January 2027’;  

in  paragraph  4,  ‘1  January  2025’  is  replaced  by  ‘1  January  2026’  and  ‘31 
December 2025’ by ‘31 December 2026’; 

(5) 

(6) 

(7) 

(e) 

in paragraph 7, ‘31 December 2025’ is replaced by ‘31 December 2026’; 

in Article 57(1), ‘31 December 2023’ is replaced by ‘31 December 2024’; 

in Article 60, ‘1 January 2021’ is replaced by ‘1 January 2022’; 

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) 

(ii) 

in  the  second  paragraph,  ‘31  December  2030’  is  replaced  by  ‘31 
December 2031’; 

in the third paragraph, ‘31 December 2025’ is replaced by ‘31 December 
2026’; 

(b)  Part II is amended as follows: 

(i) 

(ii) 

(iii) 

(iv) 

in  the  second  sentence  of  point  1.9.1.1(a),  ‘1  January  2023’  is  replaced 
by ‘1 January 2024’; 

in  the  second  sentence  of  point  1.9.2.1(a),  ‘1  January  2023’  is  replaced 
by ‘1 January 2024’; 

in  the  introductory  phrase  of  point  1.9.3.1(c),  ‘31  December  2025’  is 
replaced by ‘31 December 2026’; 

in  the  introductory  phrase  of  point  1.9.4.2(c),  ‘31  December  2025’  is 
replaced by ‘31 December 2026’; 

(c) 

(d) 

in  Part  III,  in  the  second  paragraph  of  point  3.1.2.1,  ‘1  January  2021’  is 
replaced by ‘1 January 2022’; 

in  Part  VII,  in  the  second  sentence  of  point  1.1,  ‘31  December  2023’  is 
replaced by ‘31 December 2024’. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

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Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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