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

• (l) their previous recognition for a specific third country and/or for a category of products has not been withdrawn in accordance with paragraph 2a or their accreditation has not been withdrawn or suspended by any accreditation body in accordance with its procedures for the suspension or withdrawal established in accordance with the relevant international standard, in particular the International Organisation for Standardisation (ISO) standard 17011 – Conformity assessment – general requirements for accreditation bodies accrediting conformity assessment bodies, during the 24 months preceding:
• (i) their request for recognition for the same third country and/or for the same category of products, except where the previous recognition was withdrawn in accordance with point (k) of paragraph 2a;
• (ii) their request for an extension of the scope of recognition to an additional third country in accordance with Article 2 of Delegated Regulation (EU) 2021/1698, except where the previous recognition was withdrawn in accordance with point (k) of paragraph 2a of this Article;
• (iii) their request for an extension of the scope of recognition to an additional category of products in accordance with Article 2 of Delegated Regulation (EU) 2021/1698;

• (m) in the case of control authorities, they are public administrative organisations in the third country for which they request recognition;

• (n) they meet the procedural requirements laid down in Chapter I of Delegated Regulation (EU) 2021/1698; and

• (o) they meet any additional criteria that may be laid down in a delegated act adopted pursuant to paragraph 7.

2a. The Commission may withdraw the recognition of a control authority or control body for a specific third country and/or a category of products if:

• (a) one of the recognition criteria set out in paragraph 2 is no longer met;

• (b) the Commission has not received the annual report referred to in Article 4 of Delegated Regulation (EU) 2021/1698 by the deadline specified in that Article or the information included in the annual report is incomplete, inaccurate or does not comply with the requirements set out in that Regulation;

• (c) the control authority or control body does not make available or does not communicate all the information related to the technical dossier referred to in paragraph 4, to the control system applied by it, or to the up-to-date list of operators or groups of operators or to the organic products covered by the scope of its recognition;

• (d) the control authority or control body does not notify the Commission within 30 calendar days of changes to its technical dossier referred to in paragraph 4;

• (e) the control authority or control body does not provide information requested by the Commission or by a Member State within the deadlines set, or the information is incomplete, inaccurate or does not comply with the requirements set out in this Regulation, in Delegated Regulation (EU) 2021/1698 and in an implementing act to be adopted pursuant to paragraph 8, or does not cooperate with the Commission, in particular during the investigations of a non-compliance;

• (f) the control authority or control body does not agree to an on-the-spot examination or audit initiated by the Commission;

• (g) the result of the on-the-spot examination or audit indicates a systematic malfunctioning of control measures or the control authority or control body is unable to implement all the recommendations made by the Commission after the on-the-spot examination or audit, in their proposed action plan submitted to the Commission;

• (h) the control authority or control body fails to take adequate corrective measures in response to the non-compliances and infringements observed within a deadline set by the Commission according to the severity of the situation, which shall not be shorter than 30 calendar days;

• (i) in case an operator changes its control authority or control body, the control authority or control body does not communicate to the new control authority or control body the relevant elements of the control file, including written records, of the operator within a maximum of 30 calendar days after having received the request for transfer from the operator or the new control authority or control body;

• (j) there is a risk for the consumer to be misled about the true nature of the products covered by the scope of the recognition; or

• (k) the control authority or control body has not certified any operator for 48 consecutive months in the third country for which it is recognised.

• (a) a national accreditation body in the Union in accordance with Regulation (EC) No 765/2008; or

• (b) an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.

The control authorities shall provide the latest assessment report issued by the competent authority, and the control bodies shall provide the accreditation certificate issued by the accreditation body. Where appropriate, control authorities or control bodies shall also provide latest reports on the regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities.

The recognition of control authorities or of control bodies referred to in paragraph 1 shall in particular be withdrawn without delay, in accordance with the procedure referred to in that paragraph, where serious or repetitive infringements as regards the certification or the controls and actions laid down in accordance with paragraph 8 have been detected and where the control authority or control body concerned has failed to take appropriate and timely remedial action in reaction to a request by the Commission within a period determined by the Commission. Such period shall be determined in accordance with the severity of the problem and in general shall not be less than 30 days.

• (a) amending paragraph 2 of this Article by adding further criteria to those laid down therein for the recognition of the control authorities and control bodies referred to in paragraph 1 of this Article and for the withdrawal of such recognition, or by amending those added criteria;

• (b) supplementing this Regulation as regards:
• (i) the exercise of the supervision of the control authorities and control bodies recognised by the Commission in accordance with paragraph 1, including on-the-spot examinations; and
• (ii) the controls and other actions to be performed by those control authorities and control bodies.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).

Article 47

Equivalence under a trade agreement

A recognised third country referred to in point (b)(ii) of Article 45(1) is a third country which the Union has recognised under a trade agreement as having a system of production meeting the same objectives and principles by applying rules which ensure the same level of assurance of conformity as those of the Union.

Article 48

Equivalence under Regulation (EC) No 834/2007

That recognition shall expire on  31 December 2026.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).

Article 49

Report from the Commission on the application of Articles 47 and 48

By  31 December 2022, the Commission shall present a report to the European Parliament and the Council on the state of application of Articles 47 and 48, in particular as regards the recognition of third countries for the purpose of equivalence.

CHAPTER VIII GENERAL PROVISIONS

SECTION 1 Free movement of organic and in-conversion products

Article 50

Non-prohibition and non-restriction of the marketing of organic and in-conversion products

Competent authorities, control authorities and control bodies shall not, on grounds that relate to the production, labelling or presentation of the products, prohibit or restrict the marketing of organic or in-conversion products subject to control by another competent authority, control authority or control body located in another Member State where those products comply with this Regulation. In particular, no official controls and other official activities other than those under Regulation (EU) 2017/625 shall be performed and no fees for official controls and other official activities other than those provided for in Chapter VI of that Regulation shall be collected.

SECTION 2 Information, reporting and related derogations

Article 51

Information relating to the organic sector and trade

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).

Article 52

Information relating to the competent authorities, control authorities and control bodies

• (a) the names and addresses of the competent authorities; and

• (b) the names, addresses and code numbers of the control authorities and control bodies.

Member States shall transmit those lists, and any change thereof, to the Commission and make them public, except where such transmission and publication has already taken place in accordance with Article 4(4) of Regulation (EU) 2017/625.

Article 53

Derogations, authorisations and report

1 January 2029 , based on the conclusions as regards availability of organic plant reproductive material and animals presented in the report provided for in paragraph 7 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 54 amending this Regulation by:

• (a) ending the derogations referred to in point 1.8.5 of Part I of Annex II and in points 1.3.4.3 and 1.3.4.4 of Part II of Annex II, with the exception of point 1.3.4.4.2 of Part II of Annex II, at an earlier date than  31 December 2036 or extending them beyond that date; or

• (b) ending the derogation referred to in point 1.3.4.4.2 of Part II of Annex II.

• (a) information provided in the database referred to in Article 26(1) and in the systems referred to in Article 26(2) and, if relevant, in the systems referred to in Article 26(3);

• (b) information on the derogations granted in accordance with point 1.8.5 of Part I of Annex II and points 1.3.4.3 and 1.3.4.4 of Part II of Annex II; and

• (c) information on the availability on the Union market of organic protein feed for poultry and porcine animals and on the authorisations granted in accordance with points 1.9.3.1(c) and 1.9.4.2(c) of Part II of Annex II.

31 December 2026 , the Commission shall present a report to the European Parliament and the Council on the availability on the Union market of and, if relevant, on the causes of limited access to:

• (a) organic plant reproductive material;

• (b) organic animals covered by the derogations referred to in points 1.3.4.3 and 1.3.4.4 of Part II of Annex II;

• (c) organic protein feed intended for the nutrition of poultry and porcine animals subject to the authorisations referred to in points 1.9.3.1(c) and 1.9.4.2(c) of Part II of Annex II.

In drawing up that report, the Commission shall take into account, in particular, the data collected in accordance with Article 26 and the information relating to the derogations and the authorisations referred to in paragraph 6 of this Article.

CHAPTER IX PROCEDURAL, TRANSITIONAL AND FINAL PROVISIONS

SECTION 1 Procedural provisions

Article 54

Exercise of the delegation

Article 55

Committee procedure

SECTION 2 Repeal and transitional and final provisions

Article 56

Repeal

Regulation (EC) No 834/2007 is repealed.

However, that Regulation shall continue to apply for the purpose of completing the examination of pending applications from third countries, as provided for in Article 58 of this Regulation.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 57

Transitional measures relating to control authorities and control bodies recognised under Article 33(3) of Regulation (EC) No 834/2007

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).

Article 58

Transitional measures relating to applications from third countries submitted under Article 33(2) of Regulation (EC) No 834/2007

Article 59

Transitional measures relating to the first recognition of control authorities and control bodies

By way of derogation from the date of application referred to in the second paragraph of Article 61, Article 46 shall apply from 17 June 2018 insofar as necessary in order to allow a timely recognition of control authorities and control bodies.

Article 60

Transitional measures for stocks of organic products produced in accordance with Regulation (EC) No 834/2007

Products produced in accordance with Regulation (EC) No 834/2007 before  1 January 2022 may be placed on the market after that date until stocks are exhausted.

Article 61

Entry into force and application

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.

ANNEX I

OTHER PRODUCTS REFERRED TO IN ARTICLE 2(1)

• — Yeasts used as food or feed,

• — maté, sweetcorn, vine leaves, palm hearts, hop shoots, and other similar edible parts of plants and products produced therefrom,

• — sea salt and other salts for food and feed,

• — silkworm cocoon suitable for reeling,

• — natural gums and resins,

• — beeswax,

• — essential oils,

• — cork stoppers of natural cork, not agglomerated, and without any binding substances,

• — cotton, not carded or combed,

• — wool, not carded or combed,

• — raw hides and untreated skins,

• — plant-based traditional herbal preparations.

ANNEX II

DETAILED PRODUCTION RULES REFERRED TO IN CHAPTER III

Part I: Plant production rules

In addition to the production rules laid down in Articles 9 to 12, the rules set out in this Part shall apply to organic plant production.

1. General requirements

• 1.1. Organic crops, except those which are naturally grown in water, shall be produced in living soil, or in living soil mixed or fertilised with materials and products allowed in organic production, in connection with the subsoil and bedrock.

• 1.2. Hydroponic production, which is a method of growing plants which do not naturally grow in water with their roots in a nutrient solution only or in an inert medium to which a nutrient solution is added, is prohibited.

• 1.3. By way of derogation from point 1.1, the following shall be allowed:

• (a) the production of sprouted seeds, which include sprouts, shoots and cress, solely living on the nutritional reserves available in the seeds, by moistening them in clear water, provided that the seeds are organic. The use of growing medium shall be prohibited, except the use of an inert medium intended solely to keep the seeds moist when the components of that inert medium are authorised in compliance with Article 24;

• (b) the obtaining of chicory heads, including by dipping them in clear water, provided that the plant reproductive material is organic. The use of a growing medium shall be allowed only when its components are authorised in compliance with Article 24.

• 1.4. By way of derogation from point 1.1, the following practices shall be allowed:

• (a) growing plants for the production of ornamentals and herbs in pots to be sold together with the pot to the final consumer;

• (b) growing seedlings or transplants in containers for further transplanting.

• 1.5. By way of derogation from point 1.1, growing crops in demarcated beds shall only be allowed for the surfaces that have been certified as organic for that practice before 28 June 2017 in Finland, Sweden and Denmark. No extension of those surfaces shall be permitted.

That derogation shall expire on 31 December 2031 .

By 31 December 2026 , the Commission shall present a report to the European Parliament and the Council on the use of demarcated beds in organic agriculture. That report may be accompanied, where appropriate, by a legislative proposal on the use of demarcated beds in organic agriculture.

• 1.6. All plant production techniques used shall prevent or minimise any contribution to the contamination of the environment.

• 1.7. Conversion

• 1.7.1.For plants and plant products to be considered as organic products, the production rules laid down in this Regulation shall have been applied with respect to the parcels during a conversion period of at least two years before sowing, or, in the case of grassland or perennial forage, during a period of at least two years before its use as organic feed, or, in the case of perennial crops other than forage, during a period of at least three years before the first harvest of organic products.

• 1.7.2.Where the land or one or more parcels thereof have been contaminated with products or substances not authorised for use in organic production, the competent authority may decide to extend the conversion period for the land or parcels concerned beyond the period referred to in point 1.7.1.

• 1.7.3.In the case of treatment with a product or a substance not authorised for use in organic production, the competent authority shall require a new conversion period in accordance with point 1.7.1.

• That period may be shortened in the following two cases:

• (a) treatment with a product or a substance not authorised for use in organic production as part of a compulsory control measure for pests or weeds, including quarantine organisms or invasive species, imposed by the competent authority of the Member State concerned;

• (b) treatment with a product or a substance not authorised for use in organic production as part of scientific tests approved by the competent authority of the Member State concerned.

• 1.7.4.In the cases referred to in points 1.7.2 and 1.7.3, the length of the conversion period shall be fixed taking into account the following requirements:

• (a) the process of degradation of the product or substance concerned must guarantee, at the end of the conversion period, an insignificant level of residues in the soil and, in the case of a perennial crop, in the plant;

• (b) the harvest following the treatment may not be placed on the market as organic or in-conversion products.

• 1.7.4.1.Member States shall inform the Commission and the other Member States of any decision taken by them which lays down compulsory measures related to treatment with a product or a substance not authorised for use in organic production.

• 1.7.4.2.In the case of treatment with a product or a substance which is not authorised for use in organic production, point 1.7.5(b) shall not apply.

• 1.7.5.In the case of land associated with organic livestock production:

• (a) the conversion rules shall apply to the whole area of the production unit on which animal feed is produced;

• (b) notwithstanding point (a), the conversion period may be reduced to one year for pasturages and open air areas used by non-herbivore species.

• 1.8. Origin of plants including plant reproductive material

• 1.8.1.For the production of plants and plant products other than plant reproductive material, only organic plant reproductive material shall be used.

• 1.8.2.To obtain organic plant reproductive material to be used for the production of products other than plant reproductive material, the mother plant and, where relevant, other plants intended for plant reproductive material production shall have been produced in accordance with this Regulation for at least one generation, or, in the case of perennial crops, for at least one generation during two growing seasons.

• 1.8.3.When choosing organic plant reproductive material, operators shall give preference to organic plant reproductive material suitable for organic agriculture.

• 1.8.4.For the production of organic varieties suitable for organic production, the organic breeding activities shall be conducted under organic conditions and shall focus on enhancement of genetic diversity, reliance on natural reproductive ability, as well as agronomic performance, disease resistance and adaptation to diverse local soil and climate conditions.

• All multiplication practices except meristem culture shall be carried out under certified organic management.

• 1.8.5.Use of in-conversion and non-organic plant reproductive material.

• 1.8.5.1. By way of derogation from point 1.8.1, where the data collected in the database referred to in Article 26(1) or the systems referred to in Article 26(2) show that the qualitative or quantitative needs of the operator regarding relevant organic plant reproductive material are not met, the operator may use in-conversion plant reproductive material in accordance with Article 10(4), second subparagraph, point (a), or plant reproductive material authorised in accordance with point 1.8.6.

• In addition, in case of a lack of availability of organic seedlings, ‘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 completed a conversion period of at least 12 months; or

• (b) on an organic or in-conversion land parcel or 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 completed a conversion period of at least 12 months.

• Where organic or in-conversion plant reproductive material or plant reproductive material authorised in accordance with point 1.8.6 is not available in sufficient quality or quantity to fulfil the operator’s needs, competent authorities may authorise the use of non-organic plant reproductive material subject to points 1.8.5.3 to 1.8.5.8.

• Such individual authorisation shall be issued only in one of the following situations:

• (a) where no variety of the species that the operator wants to obtain is registered in the database referred to in Article 26(1) or the systems referred to in Article 26(2);

• (b) where no operator who markets plant reproductive material, is able to deliver the relevant organic or in-conversion plant reproductive material or plant reproductive material authorised in accordance with point 1.8.6 in time for sowing or planting in situations where the user has ordered the plant reproductive material in reasonable time to allow the preparation and supply of organic or in-conversion plant reproductive material or of plant reproductive material authorised in accordance with point 1.8.6;

• (c) where the variety that the operator wants to obtain is not registered as organic or in-conversion plant reproductive material or as plant reproductive material authorised in accordance with point 1.8.6 in the database referred to in Article 26(1) or the systems referred to Article 26(2) and the operator is able to demonstrate that none of the registered alternatives of the same species are appropriate in particular to the agronomic and pedo-climatic conditions and necessary technological properties for the production to be obtained;

• (d) where it is justified for use in research, test in small-scale field trials, for variety conservation purposes of for product innovation and agreed by the competent authorities of the Member State concerned.

• Prior to requesting any such authorisation, operators shall consult the database referred to in Article 26(1) or the systems referred to in Article 26(2) in order to verify whether relevant organic or in-conversion plant reproductive material or plant reproductive material authorised in accordance with point 1.8.6 is available and thus whether their request is justified.

• When in compliance with Article 6 (i) operators may use both organic and in-conversion plant reproductive material obtained from their own holding, irrespective of the qualitative and quantitative availability according to the database referred to in Article 26(1) or the system referred to in point (a) of Article 26(2).

• 1.8.5.2. By way of derogation from point 1.8.1, operators in third countries may use in-conversion plant reproductive material in accordance with Article 10(4), second subparagraph, point (a), or plant reproductive material authorised in accordance with point 1.8.6 when organic plant reproductive material is justified to be not available in sufficient quality or quantity in the territory of the third country in which the operator is located.

• Without prejudice to relevant national rules, operators in third countries may use both organic and in-conversion plant reproductive material obtained from their own holding.

• Control authorities or control bodies recognised in accordance with Article 46(1) may authorise operators in third countries to use non-organic plant reproductive material in an organic production unit, when organic or in-conversion plant reproductive material or plant reproductive material authorised in accordance with point 1.8.6 is not available in sufficient quality or quantity in the territory of the third country in which the operator is located, under the conditions laid down in points 1.8.5.3, 1.8.5.4, 1.8.5.5 and 1.8.5.8.

• 1.8.5.3.Non-organic plant reproductive material shall not be treated after harvest with plant protection products other than those authorised for the treatment of plant reproductive material in accordance with Article 24(1) of this Regulation, unless chemical treatment has been prescribed in accordance with Regulation (EU) 2016/2031 for phytosanitary purposes by the competent authorities of the Member State concerned for all varieties and heterogeneous material of a given species in the area in which the plant reproductive material is to be used.

• Where the non-organic plant reproductive material treated with the prescribed chemical treatment referred to in the first paragraph is used, the parcel on which the treated plant reproductive material is growing shall be subject, where appropriate, to a conversion period as provided in points 1.7.3 and 1.7.4.

• 1.8.5.4.The authorisation to use non-organic plant reproductive material shall be obtained before the sowing or planting of the crop.

• 1.8.5.5.The authorisation to use non-organic plant reproductive material shall be granted to individual users for one season at a time, and the competent authorities, control authority or body responsible for authorisations shall list the quantities of the authorised plant reproductive material.

• 1.8.5.6.The competent authorities of the Member States shall create an official list of species, subspecies or varieties (grouped if applicable) for which it is established that organic or in-conversion plant reproductive material is available in sufficient quantities and for the appropriate varieties in their territory. No authorisations shall be issued for the species, subspecies or varieties included in that list in the territory of the Member State concerned pursuant to point 1.8.5.1 unless these are justified by one of the purposes referred to in point 1.8.5.1(d). If the quantity or quality of organic or in-conversion plant reproductive material available for a species, subspecies or variety on the list turns out to be insufficient or inappropriate, due to exceptional circumstances, the competent authorities of the Member States may remove a species, subspecies or variety from the list.

• The competent authorities of the Member States shall keep their list updated on an annual basis and shall make that list publicly available.

• By 30 June each year and for the first time by 30 June 2022, the competent authorities of the Member States shall transmit to the Commission and to the other Member States the link to the internet website where the updated list is made publicly available. The Commission shall publish the links to the national updated lists on a dedicated website.

• 1.8.5.7.By way of derogation from point 1.8.5.5, the competent authorities of the Member States may annually grant a general authorisation to all operators concerned for the use of:

• (a) a given species or subspecies when and in so far as no variety is registered in the database referred to in Article 26(1) or the system referred to in point (a) of Article 26(2);

• (b) for a given variety when and in so far as the conditions laid down in point 1.8.5.1(c) are fulfilled.

• When using a general authorisation, operators shall keep records of the quantity used and competent authority responsible for authorisations shall list the quantities of authorised non-organic plant reproductive material.

• The competent authorities of the Member States shall keep the list of species, subspecies or varieties for which a general authorisation is issued updated on an annual basis and shall make that list publicly available.

• By 30 June each year and for the first time by 30 June 2022, the competent authorities of the Member States shall transmit to the Commission and to the other Member States the link to the internet website where the updated list is made publicly available. The Commission shall publish the links to the national updated lists on a dedicated website.

• 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 the transplantation of the seedling to the first harvest of product.

• 1.8.6.Competent authorities or, where appropriate, control authorities or control bodies recognised in accordance with Article 46(1) may authorise operators producing plant reproductive material for use in organic production to use non-organic plant reproductive material, when mother plants or, where relevant, other plants intended for the production of plant reproductive material and produced in compliance with point 1.8.2 are not available in sufficient quantity or quality, and to place such material on the market for use in organic production provided that the following conditions are met:

• (a) the non-organic plant reproductive material used has not been treated after harvest with plant protection products other than those authorised in accordance with Article 24(1) of this Regulation, unless chemical treatment has been prescribed in accordance with Regulation (EU) 2016/2031 for phytosanitary purposes by the competent authorities of the Member State concerned for all varieties and heterogeneous material of a given species in the area in which the plant reproductive material is to be used. Where non-organic plant reproductive material treated with such prescribed chemical treatment is used, the land parcel on which the treated plant reproductive material is growing shall be subject, where appropriate, to a conversion period as provided in points 1.7.3 and 1.7.4;

• (b) the non-organic plant reproductive material used is not a seedling of species that have a cultivation cycle completed in one growing season, from the transplantation of the seedling to the first harvest of product;

• (c) the plant reproductive material is grown in compliance with all other relevant organic plant production requirements;

• (d) the authorisation to use non-organic plant reproductive material shall be obtained before that material is sown or planted;

• (e) the competent authority, control authority or control body responsible for the authorisation shall grant the authorisation only to individual users and for one season at a time, and shall list the quantities of the authorised plant reproductive material;

• (f) by way of derogation from point (e), the competent authorities of the Member States may annually grant a general authorisation for the use of a given species or subspecies or variety of non-organic plant reproductive material and make the list of species, subspecies or varieties publicly available and keep it updated on an annual basis. In that case, those competent authorities shall list the quantities of authorised non-organic plant reproductive material;

• (g) the authorisations granted in accordance with this paragraph shall expire on 31 December 2036.

• By 30 June of each year, and for the first time by 30 June 2023, the competent authorities of the Member States shall notify the Commission and the other Member States of the information on the authorisations granted in accordance with the first paragraph.

• Operators who produce and market the plant reproductive material produced in accordance with the first paragraph shall be allowed to make public, on a voluntary basis, the relevant specific information on the availability of such plant reproductive material in the national systems established in accordance with Article 26(2). Operators that opt to include such information shall ensure that the information is updated regularly, and is withdrawn from the national systems once the plant reproductive material is no longer available. When relying on the general authorisation referred to in point (f), operators shall keep records of the quantity used.

• 1.9. Soil management and fertilisation

• 1.9.1.In organic plant production, tillage and cultivation practices shall be used that maintain or increase soil organic matter, enhance soil stability and soil biodiversity, and prevent soil compaction and soil erosion.

• 1.9.2.The fertility and biological activity of the soil shall be maintained and increased:

• (a) except in the case of grassland or perennial forage, by the use of multiannual crop rotation including mandatory leguminous crops as the main or cover crop for rotating crops and other green manure crops;

• (b) in the case of greenhouses or perennial crops other than forage, by the use of short-term green manure crops and legumes as well as the use of plant diversity; and

• (c) in all cases, by the application of livestock manure or organic matter, both preferably composted, from organic production.

• 1.9.3.Where the nutritional needs of plants cannot be met by the measures provided for in points 1.9.1 and 1.9.2, only fertilisers and soil conditioners that have been authorised pursuant to Article 24 for use in organic production shall be used, and only to the extent necessary.  Operators shall keep records of the use of those products, including the date or dates on which each product was used, the name of the product, the amount applied and the crop and parcels concerned.

• 1.9.4.The total amount of livestock manure, as defined in Directive 91/676/EEC, used in the in-conversion and organic production units shall not exceed 170 kg of nitrogen per year/hectare of agricultural area used. That limit shall only apply to the use of farmyard manure, dried farmyard manure and dehydrated poultry manure, composted animal excrement, including poultry manure, composted farmyard manure and liquid animal excrement.

• 1.9.5.Operators of agricultural holdings may establish written cooperation agreements exclusively with operators of other agricultural holdings and undertakings which comply with the organic production rules, for the purpose of spreading surplus manure from organic production units. The maximum limit referred to in point 1.9.4 shall be calculated on the basis of all of the organic production units involved in such cooperation.

• 1.9.6.Preparations of micro-organisms may be used to improve the overall condition of the soil or to improve the availability of nutrients in the soil or in the crops.

• 1.9.7.For compost activation, appropriate plant-based preparations and preparations of micro-organisms may be used.

• 1.9.8.Mineral nitrogen fertilisers shall not be used.

• 1.9.9.Biodynamic preparations may be used.

• 1.10. Pest and weed management

• 1.10.1.The prevention of damage caused by pests and weeds shall rely primarily on the protection by:

• — natural enemies,

• — the choice of species, varieties and heterogeneous material,

• — crop rotation,

• — cultivation techniques such as biofumigation, mechanical and physical methods, and

• — thermal processes such as solarisation and, in the case of protected crops, shallow steam treatment of the soil (to a maximum depth of 10 cm).

• 1.10.2.Where plants cannot adequately be protected from pests by measures provided for in point 1.10.1 or in the case of an established threat to a crop, only products and substances authorised pursuant to Articles 9 and 24 for use in organic production shall be used, and only to the extent necessary.  Operators shall keep records proving the need for the use of such products, including the date or dates on which each product was used, the name of the product, its active substances, the amount applied, the crop and parcels concerned, and the pest or disease to be controlled.

• 1.10.3.In relation to products and substances used in traps or in dispensers of products and substances other than pheromones, the traps or dispensers shall prevent the products and substances from being released into the environment and shall prevent contact between the products and substances and the crops being cultivated. All traps, including pheromone traps, shall be collected after use and shall be safely disposed of.

• 1.11. Products used for cleaning and disinfection

Only those products for cleaning and disinfection in plant production authorised pursuant to Article 24 for use in organic production shall be used for that purpose.  Operators shall keep records of the use of those products including the date or dates on which each product was used, the name of the product, its active substances, and the location of such use.

• 1.12. Record-keeping obligation

Operators shall keep records regarding the parcels concerned and the amount of the harvest.  In particular, operators shall keep records of any other external input used on each parcel and, where applicable, keep available documentary evidence on any derogation from production rules obtained in accordance with point 1.8.5.

• 1.13. Preparation of unprocessed products

If preparation operations other than processing are carried out on plants, the general requirements laid down in points 1.2, 1.3, 1.4, 1.5 and 2.2.3 of Part IV shall apply mutatis mutandis to such operations.

2. Detailed rules for specific plants and plant products

2.1.   Rules on mushroom production

For the production of mushrooms, substrates may be used if they are composed only of the following components:

• (a) farmyard manure and animal excrement:
• (i) either from organic production units or from in-conversion units in their second year of conversion; or
• (ii) referred to in point 1.9.3, only when the product referred to in point (i) is not available, provided that that farmyard manure and animal excrement do not exceed 25 % of the weight of total components of the substrate, excluding the covering material and any added water, before composting;

• (b) products of agricultural origin, other than those referred to in point (a), from organic production units;

• (c) peat, not treated with chemical products;

• (d) wood, not treated with chemical products after felling;

• (e) mineral products referred to in point 1.9.3, water and soil.

2.2.   Rules concerning the collection of wild plants

The collection of wild plants and parts thereof growing naturally in natural areas, forests and agricultural areas is considered as organic production, provided that:

• (a) for a period of at least three years before the collection, those areas were not treated with products or substances other than those authorised pursuant to Articles 9 and 24 for use in organic production;

• (b) the collection does not affect the stability of the natural habitat or the maintenance of the species in the collection area.

Operators shall keep records of the period and location of the collection, the species concerned and the quantity of wild plants collected.

Part II: Livestock production rules

In addition to the production rules laid down in Articles 9, 10, 11 and 14, the rules laid down in this Part shall apply to organic livestock production.

1. General requirements

• 1.1. Except in the case of beekeeping, landless livestock production, where the farmer intending to produce organic livestock does not manage agricultural land and has not established a written cooperation agreement with a farmer as regards the use of organic production units or in-conversion production units for that livestock, shall be prohibited.

Operators shall keep available documentary evidence on any derogation from livestock production rules obtained in accordance with points 1.3.4.3, 1.3.4.4, 1.7.5, 1.7.8, 1.9.3.1(c) and 1.9.4.2(c).

• 1.2. Conversion

• 1.2.1. In the case of simultaneous start of conversion of the production unit, including pasturage or any land used for animal feed, and of the animals existing on this production unit at the beginning of the conversion period of this production unit as referred to in points 1.7.1 and 1.7.5(b) of Part I, animals and animal products may be considered organic at the end of the conversion period of the production unit, even if the conversion period laid down in point 1.2.2 of this Part for the type of animal concerned is longer than the conversion period for the production unit.

By derogation from point 1.4.3.1, in the case of such simultaneous conversion and during the conversion period of the production unit, animals present in this production unit since the beginning of the conversion period may be fed with in-conversion feed produced on the in-conversion production unit during the first year of conversion and/or with feed in accordance with point 1.4.3.1 and/or with organic feed.

Non-organic animals may be introduced into an in-conversion production unit after the start of the conversion period in accordance with point 1.3.4.

• 1.2.2. Conversion periods specific to the type of animal production are set out as follows:

• (a) 12 months in the case of bovine animals and equine animals for meat production, and in any case no less than three quarters of their lifetime;

• (b) six months in the case of ovine animals, caprine animals and porcine animals and animals for milk production;

• (c) 10 weeks for poultry for meat production, except for Peking ducks, brought in before they are three days old;

• (d) seven weeks for Peking ducks brought in before they are three days old;

• (e) six weeks in the case of poultry for egg production brought in before they are three days old;

• (f) 12 months for bees. During the conversion period, the wax shall be replaced with wax coming from organic beekeeping. However, non-organic beeswax may be used:
• (i) where beeswax from organic beekeeping is not available on the market;
• (ii) where it is proven free of contamination with products or substances not authorised for use in organic production; and
• (iii) provided that it comes from the cap;

• (g) three months for rabbits;

• (h) 12 months for cervine animals.

• 1.3. Origin of animals

• 1.3.1. Without prejudice to the rules on conversion, organic livestock shall be born or hatched and raised on organic production units.

• 1.3.2. With regard to the breeding of organic animals:

• (a) reproduction shall use natural methods; however, artificial insemination shall be allowed;

• (b) reproduction shall not be induced or impeded by treatment with hormones or other substances with a similar effect, except as a form of veterinary therapeutic treatment in the case of an individual animal;

• (c) other forms of artificial reproduction, such as cloning and embryo transfer, shall not be used;

• (d) the choice of breeds shall be appropriate to the principles of organic production, shall ensure a high standard of animal welfare and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals.

• 1.3.3. When choosing breeds or strains, operators shall consider giving preference to breeds or strains with a high degree of genetic diversity, the capacity of animals to adapt to local conditions, their breeding value, their longevity, their vitality and their resistance to disease or health problems, all without impairment of their welfare. In addition, breeds or strains of animals shall be selected to avoid specific diseases or health problems associated with some breeds or strains used in intensive production, such as porcine stress syndrome, possibly leading to pale-soft-exudative (PSE) meat, sudden death, spontaneous abortion and difficult births requiring caesarean operations. Preference shall be given to indigenous breeds and strains.

To choose the breeds and strains in accordance with the first paragraph, operators shall use the information available in the systems referred to in Article 26(3).

• 1.3.4. Use of non-organic animals

• 1.3.4.1. By way of derogation from point 1.3.1, for breeding purposes, non-organically raised animals may be brought to an organic production unit when breeds are in danger of being lost to farming as referred to in point (b) of Article 28(10) of Regulation (EU) No 1305/2013 and acts adopted on the basis thereof. In such case, the animals of those breeds need not necessarily be nulliparous.

• 1.3.4.2. By way of derogation from point 1.3.1, for the renovation of apiaries, 20 % per year of the queen bees and swarms may be replaced by non-organic queen bees and swarms in the organic production unit, provided that the queen bees and swarms are placed in hives with combs or comb foundations coming from organic production units. In any case, one swarm or queen bee may be replaced per year by a non-organic swarm or a queen bee.

• 1.3.4.3. By way of derogation from point 1.3.1, where a flock is constituted for the first time, or is renewed or reconstituted, and where the qualitative and quantitative needs of farmers cannot be met, the competent authority may decide that non-organically reared poultry may be brought into an organic poultry production unit, provided that the pullets for the production of eggs and poultry for meat production are less than three days old. Products derived from them may only be considered as organic if the conversion period specified in point 1.2 has been complied with.

• 1.3.4.4. By way of derogation from point 1.3.1, where the data collected in the system referred to in point (b) of Article 26(2) shows that the qualitative or quantitative needs of the farmer regarding organic animals are not met, competent authorities may authorise the introduction of non-organic animals into an organic production unit, subject to the conditions provided for in points 1.3.4.4.1 to 1.3.4.4.4.

Prior to requesting any such derogation, the farmer shall consult the data collected in the system referred to in point (b) of Article 26(2) in order to verify whether his or her request is justified.

For operators in third countries, control authorities and control bodies recognised in accordance with Article 46(1) may authorise the introduction of non-organic animals into an organic production unit where organic animals are not available in sufficient quality or quantity in the territory of the country where the operator is located.

• 1.3.4.4.1.For breeding purposes, non-organic young animals may be introduced when a herd or flock is constituted for the first time. They shall be reared in accordance with the organic production rules immediately after they are weaned. In addition, the following restrictions shall apply on the date on which those animals enter the herd or flock:

• (a) bovine animals, equine animals and cervine animals shall be less than six months old;

• (b) ovine animals and caprine animals shall be less than 60 days old;

• (c) porcine animals shall weigh less than 35 kg;

• (d) rabbits shall be less than three months old.

• 1.3.4.4.2.For breeding purposes, non-organic adult male and non-organic nulliparous female animals may be introduced for the renewal of a herd or flock. They shall be reared subsequently in accordance with the organic production rules. In addition, the number of female animals shall be subject to the following restrictions per year:

• (a) up to a maximum of 10 % of adult equine animals or bovine animals and 20 % of the adult porcine animals, ovine animals, caprine animals, rabbits or cervine animals may be introduced;

• (b) for units with fewer than 10 equine animals, cervine animals or bovine animals or rabbits, or with fewer than five porcine animals, ovine animals or caprine animals, any such renewal shall be limited to a maximum of one animal per year.

• 1.3.4.4.3.The percentages set in point 1.3.4.4.2 may be increased up to 40 %, provided that the competent authority has confirmed that any of following conditions is fulfilled:

• (a) a major extension to the farm has been undertaken;

• (b) one breed has been replaced with another;

• (c) a new livestock specialisation has been initiated.

• 1.3.4.4.4.In the cases referred to in points 1.3.4.4.1, 1.3.4.4.2 and 1.3.4.4.3, non-organic animals may only be considered as organic if the conversion period specified in point 1.2 has been complied with. The conversion period laid down in point 1.2.2 shall start, at the earliest, once the animals are introduced into the in-conversion production unit.

• 1.3.4.4.5.In the cases referred to in points 1.3.4.4.1 to 1.3.4.4.4, non-organic animals shall either be kept separate from other livestock or shall be kept identifiable until the end of the conversion period referred to in point 1.3.4.4.4.

• 1.3.4.5. Operators shall keep records or documentary evidence of the origin of animals, identifying the animals in accordance with appropriate systems (per animal or by batch/flock/hive), of the veterinary records of the animals introduced in the holding, the date of arrival, and the conversion period.

• 1.4. Nutrition

1.4.1.   General nutrition requirements

With regard to nutrition, the following rules shall apply:

• (a) feed for livestock shall be obtained primarily from the agricultural holding where the animals are kept or shall be obtained from organic or in-conversion production units belonging to other holdings in the same region;

• (b) livestock shall be fed with organic or in-conversion feed that meets the animal’s nutritional requirements at the various stages of its development; restricted feeding shall not be permitted in livestock production unless justified for veterinary reasons;

• (c) livestock shall not be kept in conditions or on a diet which may encourage anaemia;

• (d) fattening practices shall always respect the normal nutritional patterns for each species and the animals’ welfare at each stage of the rearing process; force-feeding is forbidden;

• (e) with the exception of porcine animals, poultry and bees, livestock shall have permanent access to pasture whenever conditions allow or shall have permanent access to roughage;

• (f) growth promoters and synthetic amino-acids shall not be used;

• (g) suckling animals shall preferably be fed on maternal milk for a minimum period laid down by the Commission in accordance with point (a) of Article 14(3); milk replacers containing chemically synthesised components or components of plant origin shall not be used during that period;

• (h) feed materials of plant, algal, animal or yeast origin shall be organic;

• (i) non-organic feed materials of plant, algal, animal or yeast origin, feed materials of microbial or of mineral origin, feed additives and processing aids may be used only if they have been authorised pursuant to Article 24 for use in organic production.

1.4.2.   Grazing

1.4.2.1.   Grazing on organic land

Without prejudice to point 1.4.2.2, organic animals shall graze on organic land. However, non-organic animals may use organic pasturage for a limited period each year, provided that they have been raised in an environmental friendly way on land supported under Articles 23, 25, 28, 30, 31 and 34 of Regulation (EU) No 1305/2013 and that they are not present on the organic land at the same time as organic animals.

1.4.2.2.   Grazing on common land and transhumance

• 1.4.2.2.1.Organic animals may graze on common land, provided that:

• (a) the common land has not been treated with products or substances not authorised for use in organic production for at least three years;

• (b) any non-organic animals which use the common land have been raised in an environmental friendly way on land supported under Articles 23, 25, 28, 30, 31 and 34 of Regulation (EU) No 1305/2013;

• (c) any livestock products from organic animals that were produced during the period when those animals grazed on common land are not considered as organic products unless adequate segregation from non-organic animals can be proved.

• 1.4.2.2.2.During the period of transhumance, organic animals may graze on non-organic land when they are being moved on foot from one grazing area to another. During that period, organic animals shall be kept separate from other animals. The uptake of non-organic feed, in the form of grass and other vegetation on which the animals graze, shall be allowed:

• (a) for a maximum of 35 days covering both the outward and return journeys; or

• (b) for a maximum of 10 % of the total feed ration per year, calculated as a percentage of the dry matter of feedstuffs of agricultural origin.

1.4.3.   In-conversion feed

1.4.3.1.   For agricultural holdings that produce organic livestock:

• (a) up to 25 % on average of the feed formula of rations may comprise in-conversion feed from the second year of conversion. This percentage may be increased to 100 % if this in-conversion feed comes from the holding where the livestock is kept; and

• (b) up to 20 % of the total average amount of feed fed to livestock may originate from the grazing or harvesting of permanent pastures, perennial forage parcels or protein crops sown under organic management on lands in their first year of conversion, provided that those lands are part of the holding itself.

When both types of in-conversion feed referred to in points (a) and (b) are being used for feeding, the total combined percentage of such feed shall not exceed the percentage fixed in point (a).

1.4.3.2.   The figures in point 1.4.3.1 shall be calculated annually as a percentage of the dry matter of feed of plant origin.

1.4.4.   Record-keeping of the feeding regime

Operators shall keep records of the feeding regime and, where relevant, the grazing period. In particular, they shall keep records of the name of the feed, including any form of feed used e.g. compound feed, proportions of various feed materials of rations and proportion of feed from their own holding or the same region and, where relevant, periods of access to grazing areas, periods of transhumance where restrictions apply and documentary evidence of the application of points 1.4.2 and 1.4.3.

• 1.5. Health care

1.5.1.   Disease prevention

• 1.5.1.1. Disease prevention shall be based on breed and strain selection, husbandry management practices, high-quality feed, exercise, appropriate stocking density and adequate and appropriate housing maintained in hygienic conditions.

• 1.5.1.2. Immunological veterinary medicinal products may be used.

• 1.5.1.3. Chemically synthesised allopathic veterinary medicinal products, including antibiotics and boluses of synthesised allopathic chemical molecules, shall not be used for preventive treatment.

• 1.5.1.4. Substances to promote growth or production (including antibiotics, coccidiostatics and other artificial aids for growth promotion purposes) and hormones and similar substances for the purpose of controlling reproduction or for other purposes (e.g. induction or synchronisation of oestrus) shall not be used.

• 1.5.1.5. Where livestock is obtained from non-organic production units, special measures such as screening tests or quarantine periods shall apply, depending on local circumstances.

• 1.5.1.6. Only the products for cleaning and disinfection in livestock buildings and installations authorised pursuant to Article 24 for use in organic production shall be used for that purpose.  Operators shall keep records of the use of those products including the date or dates on which the product was used, the name of the product, its active substances, and the location of such use.