Article 28U.K.Adherence to the control system
1.Any operator who produces, prepares, stores, or imports from a third country products in the meaning of Article 1(2) or who places such products on the market shall, prior to placing on the market of any products as organic or in conversion to organic:
(a)notify his activity to the competent [F1authority];
(b)submit his undertaking to the control system referred to in Article 27.
The first subparagraph shall apply also to exporters who export products produced in compliance with the production rules laid down in this Regulation.
Where an operator contracts out any of the activities to a third party, that operator shall nonetheless be subject to the requirements referred to in points (a) and (b), and the subcontracted activities shall be subject to the control system.
2.[F2Nothing in this Regulation prevents the relevant authority from using any power the authority has to exempt] from the application of this Article operators who sell products directly to the final consumer or user provided they do not produce, prepare, store other than in connection with the point of sale or import such products from a third country or have not contracted out such activities to a third party.
3.[F3The relevant authority] shall designate an authority or approve a body for the reception of such notifications.
4.[F4The relevant authority] shall ensure that any operator who complies with the rules of this Regulation, and who pays a reasonable fee as a contribution to the control expenses, is entitled to be covered by the control system.
5.The control authorities and control bodies shall keep an updated list containing the names and addresses of operators under their control. This list shall be made available to the interested parties.
6.The [F5appropriate authority may, by regulations, prescribe] rules to provide details of the notification and submission procedure referred to in paragraph 1 of this Article in particular with regard to the information included in the notification referred to in paragraph 1(a) of this Article.
Textual Amendments
F1Word in Art. 28(1)(a) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 2(14)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 28(2) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 2(14)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 28(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 2(14)(c); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 28(4) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 2(14)(d); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 28(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 85; 2020 c. 1, Sch. 5 para. 1(1)