CELEX: 
Language: en
Date: 2021-08-18
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Annexes II and III to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards specific requirements for the production, use and packaging of non-organic, in-conversion and organic seedlings

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               Following the adoption of the new organic Regulation (EU) 2018/848 and the amending Commission Delegated Regulation (EU) 2020/1794 as regards the use of in-conversion and non-organic plant reproductive material, it is necessary to introduce further amendments with respect to possible derogation from use of organic seedlings, which are a particular type of plant reproductive material originated from seeds and not covered by the databases and systems of information on availability of plant reproductive material set under Article 26 of Regulation (EU) 2018/848. In particular, considering the usual practice to transplant seedlings of horticultural crops which are often subject to a short cycle of production from transplanting of seedlings to the first harvest of products, it is important to limit in such cases, the derogation for use of non-organic seedlings, and to clarify the use of in-conversion and organic seedlings and their production requirements under strict organic conditions, in order to ensure integrity of organic productions. Finally, taking into account the current practice in Member States, stakeholders need to have legal certainty with respect to provisions that apply for this particular type of plant reproductive material and EU Member States need to have enough time to integrate these new amendments into their national legislations.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The act was thoroughly discussed 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 ESA. 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. 
            
            
               Following the general public consultation,………….
            
            
               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. The definition of plant reproductive material provided for in Article 3(17) of Regulation (EU) 2018/848 includes all type of materials as follows: “ ‘plant reproductive material’ means plants and all parts of plants, including seeds, at any stage of growth that are capable of, and intended for, producing entire plants;”. Seedlings are a type of plant reproductive material and are subject to the derogation issued under Annex II Part I point 1.4. which provides for the possibility to growing seedlings or transplants in containers for further transplanting. A definition of seedlings is also available in Annex III to Implementing Regulation (EU) 2020/464 as follows: “For the purposes of this point, ‘seedling’ means a young plant originating from seed and not from cutting.” It was laid down for the purpose of excluding seedlings from the information on availability of plant reproductive material, information that Member States will have to provide to the Commission to reflect provisions of Article 26 of Regulation (EU) 2018/848. 
            
            
               This delegated act amends current provisions concerning the possible derogation for use of non-organic seedlings as plant reproductive material. In particular, the act provides for additional conditions for derogation of non-organic seedlings, introducing the prohibition to allow the use of non-organic seedlings for crops subject to a production cycle completed in one growing season from transplant of seedling to the harvest of final product. To address the lack of organic seeds from which seedlings should be produced, it introduces also additional requirements for the production and labelling of “seedlings suitable for organic production” for the same crops having a life cycle completed in one growing season. The above provisions are necessary to ensure integrity of final organic products so that the whole life cycle of products from untreated seed to transplant of seedling to final product shall have to be carried out under organic production conditions in view of the short life cycle of the crop. Finally, the act introduces a clarification with respect to the provisions concerning in-conversion seedlings, in compliance with provisions of Article 10(4)(a) of the Regulation (EU) 2018/848.
            
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               amending Annexes II and III to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards specific requirements for the production,  use and packaging of non-organic, in-conversion and organic seedlings
            
            
               (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 Council Regulation (EC) No 834/2007
                  1
               , and in particular Article 12(2), points (b) and (e), and Article 23(2), point (a), 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)The databases and systems referred to in Article 26(1) and (2) of Regulation (EU) 2018/848, in which the Member States are required to make public information on the availability of organic and in-conversion plant reproductive material, do not include seedlings. Considering the particular nature of seedlings, it is necessary to clarify the rules on their use in organic production. The availability of organic and in-conversion seeds for the species and variety concerned should be taken into account to determine the potential availability on the market of organic and in-conversion seedlings.
            
            
               (4)In accordance with Article 10(4), second subparagraph, point (a), of Regulation (EU) 2018/848, plant reproductive material can also be marketed as in-conversion provided that there is compliance with a conversion period of at least 12 months. The use of in-conversion plant reproductive material should be prioritised over the use of non-organic plant reproductive material, as laid down in point 1.8.5.1 of Part I of Annex II to Regulation (EU) 2018/848. In that context, it is necessary to clarify that seedlings can be labelled as in-conversion when originating from seeds harvested from plants that have grown on a land parcel that completed a conversion period of 12 months.
            
            
               (5)However, for some horticultural species, the current availability of the organic and in-conversion seeds is limited, and the use of non-organic seeds for the production of organic seedlings as plant reproductive material, grown under specific organic conditions, is a common technique in horticulture.
            
            
               (6)Therefore, taking current agronomical practices into account, it is appropriate to allow the use of non-organic seedlings. Nevertheless, in order to ensure the integrity of organic products, it is necessary to prohibit the use of non-organic seedlings for crops that have completed a production cycle within one growing season, from the transplantation of seedlings to the first harvest of the final product. 
            
            
               (7)However, in order to facilitate the further development of this highly specialised production sector and the use of organic seedlings originating from organic seeds derived from a plant produced in accordance with point 1.8.2 of Part I of Annex II to Regulation (EU) 2018/848, while giving the sector time to adapt, it is appropriate to introduce the possibility to authorise exceptionally the use of non-organic seeds for the production of suitable seedlings for crops having a production cycle completed in one growing season, provided that certain conditions are met. In addition, it is appropriate to specify the indication that may appear on the package of such seedlings. 
            
            
               (8)Annexes II and III to Regulation (EU) 2018/848 should therefore be amended accordingly.
            
            
               (9)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
            
            
               Annexes II and III to Regulation (EU) 2018/848 are amended in accordance with the Annex to this Regulation.
            
            
               Article 2
            
            
               This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            
            
               It shall apply from 1 January 2022.
            
            
               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
                  
            
         
         
      
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               ANNEX 
            
            
               Annexes II and III to Regulation (EU) 2018/848 are amended as follows: 
            
            
               (1)Part I of Annex II is amended as follows:  
            
            
               (a)point 1.8.5.1 is amended as follows:
            
            
                (i) the following paragraph is inserted after the first paragraph:
            
            
               ‘In addition, in case of a lack of availability of organic seedlings to be planted as plant reproductive material, “in-conversion seedlings”, marketed in compliance with Article 10(4), second subparagraph, point (a), may be used when grown as follows:
            
            
               (a)through a cultivation cycle from seeds to final seedling lasting at least 12 months on a land parcel that, during that same period, has complied with a conversion period of at least 12 months; or 
            
            
               (b)in containers if covered by the derogation referred to in point 1.4, provided that the seedlings have originated from in-conversion seeds, harvested from a plant grown on a land parcel that has complied with a conversion period of at least 12 months.’;
            
            
               (ii) in the existing second paragraph, ‘1.8.5.7’ is replaced by ‘1.8.5.8’;
            
            
               (b)in point 1.8.5.2, third paragraph, ‘1.8.5.3, 1.8.5.4 and 1.8.5.5’ is replaced by ‘1.8.5.3, 1.8.5.4, 1.8.5.5 and 1.8.5.8’;
            
            
               (c)the following point 1.8.5.8 is inserted:
            
            
               ‘1.8.5.8. Competent authorities shall not authorise the use of non-organic seedlings in the case of seedlings of species that have a cultivation cycle completed in one growing season, from transplantation of the seedling to the first harvest of products. 
            
            
               However, by way of derogation from points 1.8.1 and 1.8.2, for species with a cultivation cycle completed in one growing season, the competent authorities may exceptionally authorise the use of non-organic seeds for the production of suitable seedlings for organic production when neither organic nor in-conversion seedlings are available in sufficient quantity or quality, provided that the following conditions are met: 
            
            
               (a)the non-organic seeds used comply with point 1.8.5.3;
            
            
               (b)the seedlings are grown in compliance with all other relevant organic plant production requirements; 
            
            
               (c)the authorisation is in compliance with the relevant conditions set out in point 1.8.5.1 and points 1.8.5.4 to 1.8.5.7.’;
            
            
            
               (2) in point 2.1 of Annex III, the following point 2.1.4 is added: 
            
            
               ‘2.1.4. For seedlings that are produced in order to be used under an exceptional authorisation in compliance with conditions laid down in point 1.8.5.8 of Part I of Annex II, the label on the packaging may include the following indication: “may be used in organic production”.’.