Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries

Changes to legislation:

There are currently no known outstanding effects for the Commission Regulation (EC) No 1235/2008, Article 8.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 8U.K.Procedure for requesting inclusion in the list of third countries

F11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.The [F2Secretary of State] shall only be required to consider a [F3request from a third country for inclusion on the list provided for in Article 7 if it] meets the following preconditions.

The request for inclusion shall be completed by a technical dossier, which shall comprise all the information needed for the [F2Secretary of State] to ensure that the conditions set out in Article 33(1) of Regulation (EC) No 834/2007 are met for products intended for export to [F4Great Britain], namely:

(a)general information on the development of organic production in the third country, the products produced, the area in cultivation, the production regions, the number of producers, the food processing taking place;

(b)an indication of the expected nature and quantities of organic agricultural products and foodstuffs intended for export to [F4Great Britain];

(c)the production standards applied in the third country as well as an assessment of their equivalence to the standards applied in [F4Great Britain];

(d)the control system applied in the third country, including the monitoring and supervisory activities carried out by the competent authorities in the third country, as well as an assessment of its equivalent effectiveness when compared to the control system applied in [F4Great Britain];

(e)the Internet or other address where the list of operators subject to the control system can be found, as well as a contact point where information is readily available on their certification status and the product categories concerned;

(f)the information the third country proposes to include in the list as referred to in Article 7;

(g)an undertaking to comply with the provisions of Article 9;

(h)any other information deemed relevant by the third country or by the [F2Secretary of State].

3.When examining a request for inclusion in the list of recognised third countries, and also any time after its inclusion, the [F5Secretary of State] may request any further information, including the presentation of one or more on-the-spot examination reports established by independent experts. Furthermore, the [F5Secretary of State] may, based on risk-assessment and in case of suspected irregularities organise an on-the-spot examination by experts [F6designated by the Secretary of State].

[F7Experts from other third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 may be invited by the [F5Secretary of State] to attend on-the-spot-examination as observers.]

[F84.The [F9Secretary of State] shall assess whether the technical dossier referred to in paragraph 2 and the information referred to in paragraph 3 are satisfactory and may subsequently decide to recognise and include a third country in the list for a three-year period. [F10If the Secretary of State decides to do so, the Secretary of State must notify the third country of this decision.] Where the [F9Secretary of State] considers that the conditions laid down in Regulation (EC) No 834/2007 and this Regulation continue to be met, [F11the Secretary of State] may decide to extend the inclusion of the third country after that three-year period.

[F12In that case the Secretary of State must cause the duration of the extension to be entered on the list, and must notify the third country of this decision.]]

Textual Amendments

F1Art. 8(1) omitted (31.12.2020) by virtue of The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 8(2) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 8(2) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 8(2) substituted (31.12.2020) by by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(8)(b)(iii) (as amended by S.I. 2020/1452, regs. 1(2)(b), 5(4)(d)); 2020 c. 1, Sch. 5 para. 1(1)