CELEX: 32020R0427
Language: en
Date: 2020-01-13 00:00:00
Title: Commission Delegated Regulation (EU) 2020/427 of 13 January 2020 amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain detailed production rules for organic products (Text with EEA relevance)

23.3.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 87/1
               
            
         COMMISSION DELEGATED REGULATION (EU) 2020/427
         of 13 January 2020
         amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain detailed production rules for 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 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)(e), Article 14(2)(c) and Article 15(2)(a) and (d) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Chapter III of Regulation (EU) 2018/848 lays down general production rules for organic products, while detailed production rules are set out in Annex II to that Regulation.
                  
               
                     (2)
                  
                  
                     Since for the production of sprouted seeds, the seedlings use exclusively the reserves in the seeds to sprout and are consumed directly as foodstuff, the seeds used for the production of sprouted seeds should be organic.
                  
               
                     (3)
                  
                  
                     As regards the feeding of bee colonies, where the survival of the colony is endangered due to climatic conditions, the possibility to use pollen from organic apiculture could avoid the larvae to starve. In order to enhance the chances of survival of the colony, it is appropriate to allow bee colonies also to be fed with organic pollen.
                  
               
                     (4)
                  
                  
                     As regards the requirements on the origin of aquaculture animals, in particular juvenile production, the larval rearing is characterised by three phases: the egg hatching and autotrophic phase where larvae consume their yolk sac reserves, the heterotrophic phase where larvae are fed on plankton and the final weaning to new feeding regimes. As that last phase of larval development leads to the juvenile form, new conditions for juvenile production should be provided that incorporate the most recent knowledge on the sector in line with organic principles.
                  
               
                     (5)
                  
                  
                     The current rules on feed for carnivorous aquaculture animals include a general quantitative restriction on feed of plant origin. As the resulting diet does not meet the nutritional needs of all species and stages of development, that restriction should be abolished.
                  
               
                     (6)
                  
                  
                     Annex II to Regulation (EU) 2018/848 should therefore be amended accordingly.
                  
               
                     (7)
                  
                  
                     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
            Annex II 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 1 January 2021.
         
         
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 13 January 2020.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 150, 14.6.2018, p. 1.
      
      
         
            ANNEX
            Annex II to Regulation (EU) 2018/848 is amended as follows:
            
                        (1)
                     
                     
                        in Part I, point 1.3. is replaced by the following:
                        
                                    ‘1.3.
                                 
                                 
                                    By way of derogation from point 1.1., the production of sprouted seeds, provided that the seeds are organic, and the obtaining of chicory heads including by dipping in clear water shall be allowed.’;
                                 
                              
                  
                        (2)
                     
                     
                        in point 1.9.6.2. of Part II, point (b) is replaced by the following:
                        
                                    ‘(b)
                                 
                                 
                                    bee colonies may only be fed where the survival of the colony is endangered due to climatic conditions. In such case, bee colonies shall be fed with organic honey, organic pollen, organic sugar syrups, or organic sugar.’
                                 
                              
                  
                        (3)
                     
                     
                        Part III is amended as follows:
                        
                                    (a)
                                 
                                 
                                    in point 3.1.2., the following point is added:
                                    
                                                ‘3.1.2.3.
                                             
                                             
                                                Juvenile production
                                             
                                          In the larval rearing of marine fish species, rearing systems (preferably the “mesocosm” or “large volume rearing”) may be used. Those rearing systems shall meet the following requirements:
                                    
                                                (a)
                                             
                                             
                                                the initial stocking density shall be below 20 eggs or larvae per litre;
                                             
                                          
                                                (b)
                                             
                                             
                                                the larval rearing tank shall have a volume of minimum 20 m3; and
                                             
                                          
                                                (c)
                                             
                                             
                                                the larvae shall feed on the natural plankton developing in the tank, supplemented as appropriate by externally produced phytoplankton and zooplankton.’
                                             
                                          
                              
                                    (b)
                                 
                                 
                                    in point 3.1.3.3., point (e) is replaced by the following:
                                    
                                                ‘(e)
                                             
                                             
                                                organic feed materials of plant or animal origin.’