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.

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.

In accordance with Article 10(4) of Regulation (EU) 2018/848, plant reproductive material may be marketed as ‘in-conversion’ when a conversion period of at least 12 months is respected. Pursuant to Article 26(1) of Regulation (EU) 2018/848 Member States are to ensure that a regularly updated database is established for the listing of the organic and in-conversion plant reproductive material, excluding seedlings but including seed potatoes, which is available in their territories. Moreover, Article 26(2) requires Member States to have in place systems that allow operators that market organic or in-conversion plant reproductive material and that are able to supply them in sufficient quantities and within a reasonable period, to make public on a voluntary basis, free of charge, together with their names and contact details, information on the organic and in-conversion plant reproductive material, such as plant reproductive material of organic heterogeneous material or of organic varieties suitable for organic production, excluding seedlings but including seed potatoes, which is available with the quantity in weight of that material and the period of the year of its availability. However, Article 26(5) provides that Member States may continue to use relevant information systems that are already in existence.

It is therefore important when organic plant reproductive material is not sufficiently available and such unavailability is demonstrated through records collected in the above-mentioned database and systems, to prioritise the use of in-conversion plant reproductive material over non-organic plant reproductive material. In addition, in accordance with Article 6(i) of Regulation (EU) 2018/848, the use of self-produced organic and in-conversion plant reproductive material should be allowed.

Taking into account the current divergent practices in Member States, it is also of particular importance to harmonise the specific criteria and conditions for issuing authorisations to use non-organic plant reproductive material where organic and in-conversion plant reproductive material is not available in sufficient quality or quantity. Such harmonisation should permit to avoid potential unfair competition in organic production and ensure that certain precautionary provisions are applied to plant reproductive material and, in case of prescribed phyto-sanitary treatments, it should be subject where appropriate to a period of conversion of the parcel as provided in points 1.7.3 and 1.7.4 of Part I of Annex II to Regulation (EU) 2018/848.

Despite the efforts undertaken by operators involved in the production of organic plant reproductive material, there are still many species, subspecies or varieties for which organic and in-conversion plant reproductive material is not available and for which it is necessary to simplify the process of authorisations by reducing the administrative burden without jeopardising the organic nature of the products. Therefore, and in order to reduce the number of requests for individual authorisations, it is appropriate to provide for annual national general authorisations for species, subspecies or varieties, subject to certain conditions, and for the adoption of national lists of species or subspecies for which appropriate varieties of organic or in-conversion plant reproductive material are available in sufficient quantity. That approach should permit to limit the recourse to individual authorisations. In addition, those national lists constitute relevant information, which is expected to increase knowledge and certainty in the sector of organic plant reproductive material and thus to facilitate the further development both in this highly specialised production sector and in the use of organic plant reproductive material.

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

In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848,