Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
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1.Where an ingredient of agricultural origin is not included in Annex IX to this Regulation, that ingredient may only be used under the following conditions:
(a)the operator has notified to the competent authority F2... all the requisite evidence showing that the ingredient concerned is not produced in sufficient quantity in [F3Great Britain] in accordance with the organic production rules or cannot be imported from third countries;
(b)the competent authority F4... has provisionally authorised, the use for a maximum period of 12 months after having verified that the operator has undertaken the necessary contacts with suppliers F5... to ensure himself of the unavailability of the ingredients concerned with the required quality requirements;
(c)no decision has been taken, in accordance with the provisions of paragraphs 3 or 4 that a granted authorisation with regard to the ingredient concerned shall be withdrawn.
[F6Nothing in this Regulation prevents the relevant authority from using any power the authority has to prolong the authorisation provided for in point (b) for a period of 12 months on a maximum of three occasions.]
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Textual Amendments
F1Words in Art. 29 heading 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(17)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 29(1)(a) 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(17)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 29(1)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(i)(bb) (as substituted by S.I. 2020/1400, regs. 1(b), 3(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 29(1)(b) 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(17)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 29(1)(b) 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(17)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 29(1) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(17)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 29(2)-(5) 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(17)(c); 2020 c. 1, Sch. 5 para. 1(1)
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