Commission Regulation (EC) No 889/2008Show full title

Article 45 U.K. Use of seed or vegetative propagating material not obtained by the organic production method

1. Where the conditions laid down in Article 22(2)(b) of Regulation (EC) No 834/2007 apply,

(a) seed and vegetative propagating material from a production unit in conversion to organic farming may be used,

(b) where point (a) is not applicable, [F1 nothing in this Regulation prevents the relevant authority from using any power the authority has to] authorise the use of non-organic seed or vegetative propagating material if not available from organic production. However, for the use of non-organic seed and seed potatoes the following paragraphs (2) to (9) apply.

2. Non-organic seed and seed potatoes may be used, provided that the seed or seed potatoes are not treated with plant protection products, other than those authorised for treatment of seed in accordance with Article 5(1), unless chemical treatment is prescribed in accordance with [F2 the following legislation] for phytosanitary purposes by the competent authority F3 ... for all varieties of a given species in the area where the seed or seed potatoes are [F4 to be used—

(a) in respect of England, the Plant Health (England) Order 2015;

(b) in respect of Wales, the Plant Health (Wales) Order 2018;

(c) in respect of Scotland, the Plant Health (Scotland) Order 2005].

3. Species for which it is established that organically produced seed or seed potatoes are available in sufficient quantities and for a significant number of varieties F5 ... are set out in Annex X.

The species listed in Annex X may not be subject of authorisations pursuant to paragraph 1(b), unless these are justified by one of the purposes referred to in paragraph 5(d).

4. [F6 Nothing in this Regulation prevents the relevant authority from using any power the authority has to] delegate the responsibility for granting the authorisation referred to in paragraph 1(b) F7 ... to the control authorities or control bodies referred to in Article 27 of Regulation (EC) No 834/2007.

5. Authorisation to use seed or seed potatoes not obtained by the organic production method may only be granted in the following cases:

(a) where no variety of the species which the user wants to obtain is registered in the database referred to in Article 48;

(b) where no supplier, meaning an operator who markets seed or seed potatoes to other operators, is able to deliver the seed or seed potatoes before sowing or planting in situations where the user has ordered the seed or seed potatoes in reasonable time;

(c) where the variety which the user wants to obtain is not registered in the database referred to in Article 48, and the user is able to demonstrate that none of the registered alternatives of the same species are appropriate and that the authorisation therefore is significant for his production;

(d) where it is justified for use in research, test in small-scale field trials or for variety conservation purposes [F8 as agreed by the competent authority].

6. The authorisation shall be granted before the sowing of the crop.

7. The authorisation shall be granted only to individual users for one season at a time and the authority or body responsible for the authorisations shall register the quantities of seed or seed potatoes authorised.

8. [F9 Nothing in this Regulation prevents the relevant authority from using any power the authority has to grant all users, by way of a derogation from paragraph 7, a general authorisation]:

(a) for a given species when and in so far as the condition laid down in paragraph 5(a) is fulfilled;

(b) for a given variety when and in so far as the conditions laid down in paragraph 5(c) are fulfilled.

The authorisations referred to in the first subparagraph shall be clearly indicated in the database referred to in Article 48.

9. Authorisation may only be granted during periods for which the database is updated in accordance with Article 49(3).

Textual Amendments

F1 Words in Art. 45(1)(b) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 45(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 45(2) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 45(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(b)(iii) (as amended by S.I. 2020/1400, regs. 1(b), 3(3)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 45(3) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 45(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 45(4) omitted (31.12.2020) by virtue of The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 45(5)(d) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(e); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 45(8) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(23)(f); 2020 c. 1, Sch. 5 para. 1(1)