(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)

However, for some horticultural species, the current availability of organic and in-conversion seeds is limited, and the use of non-organic seeds for the production of seedlings as plant reproductive material, grown under organic conditions, is a common technique.

(4)

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 and the variable duration of their production cycles, 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.

(5)

In accordance with Article 10(4), second subparagraph, point (a), of Regulation (EU) 2018/848, non-organic plant reproductive material can also be marketed as in-conversion, provided that such material has completed 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. In that context, it is necessary to clarify that ‘in-conversion seedlings’ may be used when their cultivation cycle has lasted at least 12 months on a land parcel that has completed a conversion period of 12 months or when cultivated in containers or on a land parcel, provided that the seedlings originate from in-conversion seeds that were harvested from plants grown on a land parcel that completed a conversion period of 12 months.

(6)

Nevertheless, as regards seedlings, 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 in order to ensure the integrity of organic products which could be undermined in case of presence of residues in the non-organic seeds used as starting material.

(7)

For certain fruit, grapevine and ornamental species or varieties, the availability of mother plants or, where relevant, other plants intended for the production of plant reproductive material, grown in compliance with point 1.8.2 of Part I of Annex II to Regulation (EU) 2018/848, is insufficient. Moreover, there are few organic fruit and grapevine nurseries that work currently with mother plants grown in compliance with point 1.8.2 due to the long term investments and technical difficulties to ensure full compliance with quality certification and phytosanitary requirements.

(8)

In order to promote the further development of this highly specialised production sector, it is appropriate to introduce the possibility to authorise the use of non-organic plant reproductive material grown under organic conditions for the production of plant reproductive material to be marketed and used for organic crops, provided that certain specific conditions are met.

(9)

Operators producing such plant reproductive material should be allowed to make public, on a voluntary basis, information on the availability of such material in the national systems established in accordance with Article 26(2) of Regulation (EU) 2018/848. This will allow operators to choose organically grown plant reproductive material when organic or in-conversion plant reproductive material is not available.

(10)

In order to ensure coherence, the authorisations to use non-organic plant reproductive material grown under organic conditions for the production of plant reproductive material should expire at the same time as the derogations to the use of organic plant reproductive material. The Commission should monitor the availability of organic plant reproductive material and will end or extend such authorisations in the light of the conclusions as regards availability of organic plant reproductive material presented in the report provided for in Article 53(7) of Regulation (EU) 2018/848 and in accordance with Article 53(2) of that Regulation.

(11)

Annex II to Regulation (EU) 2018/848 should therefore be amended accordingly.

(12)

In order to avoid a legal vacuum, this Regulation should apply retroactively from the date of application of Regulation (EU) 2018/848,