Niveau juridique : Union européenne
Ce document, établi par la Commission, compile des questions et des réponses concernant les dispositions du règlement (UE) n° 2018/848 et de son droit dérivé. Mis à disposition à des fins d’information par les services de la Commission, ce n’est pas un document juridiquement contraignant. En effet, c’est à la Cour de Justice de l’Union européenne que revient, en cas de litige, l’interprétation du droit de l’Union.
Le document contient une section consacrée au matériel de reproduction des végétaux (p. 42 à 55 du document), dont voici quelques extraits.
Extraits choisis :
« Plants can reproduce themselves via seeds (sexual reproduction,except cases of apomixis) or via vegetative propagation (asexual reproduction). Depending on the characteristics of the plant species and the breeding objectives, there are several possible techniques to reproduce a plant through seeds, tubers, bulbs, seedlings, cuttings, layerings, grafting via buds, scions, rootstock etc.
Article 3, point(17), of Regulation (EU) 2018/848 provides the following definition of plant reproductive material (PRM): “‘plant reproductive material’ means plants and all parts of plants, including seeds, at any stage of growth that are capable of, and intended for, producing entire plants”.
Moreover, Article 3, point (20) of Regulation (EU) 2018/848 provides the following definition of mother plant: “‘mother plant’ means an identified plant from which plant reproductive material is taken for the reproduction of new plants”.
In practice, all types of PRM initially have a “mother plant” within the meaning of Article 3, points (17) and (20),of Regulation (EU) 2018/848 because the function of PRM is the reproduction of plants.
To give five examples: (i) in the case of cereals, seeds to be used as PRM are harvested from “mother plants” that have been grown to produce seeds as PRM to reproduce the final plants; (ii) tomato seedlings are PRM derived from tomato seeds taken from a tomato mother plant to reproduce the plants; (iii) stolons are PRM taken from a strawberry mother plant to reproduce the plants; (iv) scions are cuttings taken from a mother plant to be grafted on a rootstock to reproduce the plants;and (v) rootstock are derived from a mother plant to reproduce the plant.
Organic varieties or organic heterogeneous materials used in the production of PRM suitable for organic farming can be bred and marketed in line with the provisions of Regulation (EU) 2018/848, of Commission Delegated Regulation (EU) 2021/1189 and of the relevant horizontal rules.
The Commission services are currently considering new provisions concerning a temporary experiment on organic varieties to take into account the high level of genetic and phenotypical diversity in these organic varieties, and to set principles for their examination which are adapted to the organic sector. (…)
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4) Can organic farmers use their self-produced seeds?
Yes. Organic farmers, like all farmers, can use self-produced seeds as long as they respect the relevant horizontal rules on variety rights set out in Regulation (EC) 2100/94 on Community plant variety rights. On the one hand, Article 13 of that regulation provides that the holder of varieties subject to the Community plant varieties rights can authorise under certain conditions the production, reproduction or marketing of such varieties. On the other hand, Article 14 of that regulation provides that,for certain agricultural plant species, farmers are allowed to freely use the product of the harvest which they have obtained on their own holding, by planting propagating material of a variety other than a hybrid or synthetic variety, which is covered by a Community plant variety right under certain conditions for propagating purposes in the field( on their own holding). Finally, Article 15 of Regulation (EC) 2100/94 provides for certain limitations of the effects of Community plant variety rights. These include “the acts done for the purpose of breeding, or discovering and developing other varieties” that are considered as a “breeder’s exemption”.
For more information: ec.europa.eu/food/plant/plant_property_rights_en.
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5) When can plant reproductive material be labelled as “organic” and bear the EU organic logo?
PRM can be labelled as organic and bear the EU organic logo when the PRM meets the requirements of point 1.8.2. of Part I of Annex II to Regulation (EU) 2018/848, whichprovides that: “Toobtain 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.”
PRM can also be labelled as organic and bear the EU organic logo when the competent authorities permit the production of PRM under the conditions in point 1.8.6 of Part I of Annex II to Regulation (EU) 2018/848i.e.“when mother plants or, where relevant, other plants intended for the production of plant reproductive material and produced in compliance withpoint 1.8.2 are not available in sufficient quantity or quality”. (…)
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10) How should the provisions of point 1.8.2 of Part I of Annex II to Regulation (EU) 2018/848 related to the origin of organic plants apply?
The provisions of point 1.8.2 of Part I of Annex II to Regulation (EU) 2018/848 related to the origin of organic plants provide that minimum growing periods should apply when growing the mother plant or other plants that are at the origin of the final organic plant reproductive material.
Point 1.8.2 of Part I of Annex II to Regulation (EU) 2018/848 provides as follows: “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.”
Part I of Annex I to Regulation (EU) 2018/848 lays down plant production rules and in particular under its point 1.8. “Origin of plants including plant reproductive material”, lays down detailed provisions concerning the origin of PRM used for the production of organic products.
While the PRM (e.g.apple fruit tree) used for the production of organic products (e.g. organic apples) must be organic in compliance with point 1.8.1 of Regulation (EU) 2018/848, in cases of production of organic PRM, the PRM (mother plant/other plant) used to produce the organic PRM must comply with point 1.8.2 of Regulation (EU) 2018/848. These are therefore specific requirements for conventional origin material to be produced under organic conditions.
Article 3, point (20),of Regulation (EU) 2018/848 provides for a definition of mother plant as follows:“mother plant means an identified plant from which plant reproductive material is taken for the reproduction of new plants”.
Article 3, point (21),of Regulation (EU) 2018/848 establishes the following definition of “generation”: “‘generation’ means a group of plants constituting a single step in the line of descent of plants”.
Point 1.8.2of Part I of Annex II to Regulation (EU) 2018/848requires that the production of the final organic PRM should originate from plants grown under organic production conditions (e.g. restricted use of fertilisers and pesticides) for at least a certain period of time.
Thus: (i) in the case of perennial species (e.g. apple, vines, etc.), organic PRM should originate from “mother plants” (regardless of their origin and of whether or not organic) grown for at least two growing seasons under organic conditions ; and (ii) in the case of non-perennial species such as annual/biannualplants/crops (e.g. wheat, tomatoes, cauliflower, etc…), organic PRM should originate from “motherplants” grownfor at least one generation. Article 3, point (21),of Regulation (EU) 2018/848 defines “generation” as “a group of plants constituting a single step in the line of descent of plants” (see further below answer to question 12).
Moreover, in cases of grafting,the PRM taken from the “mother plant” does not lead directly to a final new plant but may need some intermediate stages. In particular, in the case of the grafting of fruit or grapevines as well as of vegetables (e.g. Solanaceae), scion and rootstock originate from different mother plants (in some cases even from different species) and are grown and grafted under organic conditions to develop the final new plant.
This is the reason why point 1.8.2. refers to “where relevant” other plants intended for the production of plant reproductive material,”. Indeed in the cases of grafting, other plants are rootstocks and scions that could also be propagated and grown under organic conditions for at least two growing seasons (in case of perennials) or at least one generation (in case of non perennials) and lead to a final planting material labelled as organic.
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11) How should “two growing seasons” in point 1.8.2 of Part I of Annex II to Regulation(EU) 2018/848 be understood?
The term “two growing seasons” in point 1.8.2 of Part I of Annex II to Regulation (EU) 2018/848 refers to a period of almost two years, depending on the climate and time of sowing of the plant species.
This is because the growing season is the period of the year when plants grow,and depends on climatic conditions.
In Europe, for most species,the growing season can be considered as the period from spring to autumn.
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12) How should “one generation” be understood in point 1.8.2.of part I of Annex II to Regulation (EU) 2018/848?
Article 3, point (21),of Regulation (EU) 2018/848 defines “generation” as follows: “‘generation’ means a group of plants constituting a single step in the line of descent of plants”.
Under point 1.8.2of Part I of Annex II to Regulation (EU) 2018/848,“one generation” therefore refers to a cycle of reproduction of mother plants/other plants that should occur under organic conditions, i.e. from initial PRM to final plant.
Moreover, in the case of perennials, given that a “mother plant” can live several years, “one generation” refers to at least two growing seasons. After at least two such seasons, the type of reproductive material needed (seeds, scions, cuttings, etc…) can be harvested from the mother or other plants, as organic propagating plant material to propagate the crop. (…)
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15) Which type of PRM can be authorised for use to produce organic PRM in accordance with point 1.8.6. of Part I of Annex II to Regulation (EU) 2018/848?
All types of PRM-except seedlings from species that have a cultivation cycle completed in one growing season from the transplantation of the seedling to the first harvest of product (see point 1.8.6(b) of Part I of Annex II to Regulation (EU) 2018/848) - can be authorised to produce organic PRM in accordance with point 1.8.6 of Part I of Annex II to Regulation (EU) 2018/848. (…)
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20) How should the last paragraph of point 1.8.5.1."…operators may use both organic and in-conversion plant propagating material taken from their own holding… » be read? Does this apply to land races as well as to catalogue varieties free of intellectual property rights?
Pursuant to point 1.8.5.1of Part I of Annex II to Regulation (EU) 2018/848 and Article 6(i) of Regulation (EU) 2018/848, respect of horizontal rules is an a priori condition and farmers can use their own harvested seeds freely on their own holding under the conditions laid down in Article 14 of Regulation (EC) 2100/94. This coversall types of PRM, including landraces.
First, the last paragraph of point 1.8.5.1of Part I of Annex II to Regulation (EU) 2018/848 providesas follows: “When in compliance with Article 6(i) operators may use both organic and in-conversion plant reproductive material obtained from their own holding”.
Second, Article 6(i)of Regulation (EU) 2018/848provides that: “Without prejudice to Article 14 of Regulation (EC) No 2100/94 and to the national plant variety rights granted under Member States’national law, the possibility for farmers to use plant reproductive material obtained from their own farms in order to foster genetic resources adapted to the special conditions of organic production”. (…)
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22) Can meristem culture be used in organic production?
Yes. However, meristem culture cannot be certified as organic in the multiplication of plants.
Point 1.8.4. of Part I of Annex II of Regulation (EU) 2018/848 lays down a specific provision concerning meristem culture as follows: “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.”
That provision, in itself, does not constitute a prohibition on the use of meristem culture. Because of the potentially long process of breeding for organic varieties, a meristem culture could be used, for example, to ensure that initial material is sanitised from viruses.
However, in the multiplication of plants, meristem culture cannot be certified as organic, because organic plant reproductive material to be used for the production of organic products must be compliant with the provisions laid down under point 1.8.2 of Part I of Annex II of Regulation (EU) 2018/848.
Point 1.8.2. reads as follows: “ 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.” »
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