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Commission Regulation (EC) No 1235/2008Show full title

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

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TITLE IU.K.INTRODUCTORY PROVISIONS

Article 1U.K.Subject matter

This Regulation lays down the detailed rules for the import of compliant products and the import of products providing equivalent guarantees as provided for in Articles 32 and 33 of Regulation (EC) No 834/2007.

Article 2U.K.Definitions

For the purposes of this Regulation:

1.

‘certificate of inspection’: means the certificate of inspection referred to in Article 33(1)(d) of Regulation (EC) No 834/2007 covering one consignment;

2.

‘documentary evidence’: means the document referred to in Article 68 of Commission Regulation (EC) No 889/2008(1) and in Article 6 of this Regulation, for which the model is set out in Annex II to this Regulation;

3.

‘consignment’: means a quantity of products under one or more Combined Nomenclature codes, covered by a single certificate of inspection, conveyed by the same means of transport and imported from the same third country;

4.

‘first consignee’: means the natural or legal person as defined in Article 2(d) of Regulation (EC) No 889/2008;

5.

[F1‘verification of the consignment’ means the verification carried out by the F2... competent authority, in the framework of the official controls provided for in Regulation (EC) No 882/2004 of the European Parliament and of the Council(2), of the fulfilment of the requirements of Regulation (EC) No 834/2007, of Regulation (EC) No 889/2008 and of this Regulation through systematic documentary checks, random identity checks and, as appropriate according to its risk assessment, physical checks, prior to the release of the consignment for free circulation into [F3Great Britain] in accordance with Article 13 of this Regulation;

6.

[F4‘competent authority’ means the customs authority, food safety authority or other authorities designated by the relevant authority pursuant to Article 27(1) of Regulation (EC) No 834/2007 responsible for the verification of the consignments and the endorsement of the certificates of inspection];

7.

‘assessment report’: means the assessment report referred to in Articles 32(2) and 33(3) of Regulation (EC) No 834/2007 drawn up by an independent third party fulfilling the requirements of ISO Standard 17011 or by [F5the] competent authority, which includes information on document reviews, including the descriptions referred to in Articles 4(3)(b) and 11(3)(b) of this Regulation, on office audits, including critical locations and on risk-oriented witness audits conducted in representative third countries[F1;]

8.

[F6‘aquaculture products’: means aquaculture products as defined in point 34 of Article 4(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(3);

9.

‘unprocessed’: means unprocessed as used in the definition of unprocessed products in point (n) of Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council(4), irrespective of packaging or labelling operations;

10.

‘processed’: means processed as used in the definition of processed products in point (o) of Article 2(1) of Regulation (EC) No 852/2004, irrespective of packaging or labelling operations;

11.

‘point of entry’: means the point of release for free circulation [F7in Great Britain].]

12.

[F8‘third country’ has the same meaning as in Council Regulation (EC) No 834/2007;

13.

‘relevant authority’ means:

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;]]

14.

[F9‘Article 3 list’ means the list of control bodies and control authorities for the purpose of compliance and relevant specifications referred to in Article 3;

15.

‘Article 7 list’ means the list of third countries and relevant specifications referred to in Article 7;

16.

‘Article 10 list’ means the list of control bodies and control authorities for the purpose of equivalence and relevant specifications referred to in Article 10.]

Textual Amendments

TITLE IIU.K.IMPORT OF COMPLIANT PRODUCTS

CHAPTER 1U.K.List of recognised control bodies and control authorities for the purpose of compliance

Article 3U.K.Compilation and content of the list of recognised control bodies and control authorities for the purpose of compliance

1.The [F10Secretary of State] shall draw up a list of control bodies and control authorities, recognised for the purpose of compliance in accordance with Article 32(2) of Regulation (EC) No 834/2007. F11... The procedures for drawing up and amending the list are defined in Articles 4, 16 and 17 of this Regulation. [F12The Secretary of State must make the list available to the public on the internet. For transitional purposes, the Secretary of State must add to the list the names of the control bodies and control authorities and other information falling within paragraph 2 listed in Annex 1 of this Regulation, as that Annex had effect immediately before it was revoked.]

2.The list shall contain all the information necessary in respect of each control body or control authority to allow verifying whether products placed on the F13... market have been controlled by a control body or authority recognised in accordance with Article 32(2) of Regulation (EC) No 834/2007 and in particular:

(a)the name and address of the control body or control authority, including e-mail and Internet address and their code number;

(b)the third countries concerned and in which the products have their origin;

(c)the product categories concerned for each third country;

(d)the duration of the inclusion in the list;

(e)the Internet address where the list of operators subject to the control system can be found, including their certification status and the product categories concerned, as well as suspended and decertified operators and products.

[F14The Secretary of State may make amendments to the information contained in the list from time to time to ensure that it remains accurate and up-to-date.]

Textual Amendments

Article 4U.K.Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of compliance

[F11.[F15The Secretary of State] shall consider whether to recognise and include a control body or control authority in the list provided for in Article 3 upon receipt of a request thereto from the representative of the control body or control authority concerned on the basis of the model of application made available F16... in accordance with Article 17(2). F17...]

2.The request can be introduced by control bodies and control authorities established in the [F18United Kingdom] or in a third country.

3.The request shall consist of a technical dossier, which shall comprise all the information needed for the [F19Secretary of State to ensure] that the conditions set out in Article 32(1) and (2) of Regulation (EC) No 834/2007 are met for all organic products intended for export to [F20Great Britain], namely:

(a)an overview of the activities of the control body or control authority in the third country or third countries concerned, including an estimate of the number of operators involved and an indication of the expected nature and quantities of agricultural products and foodstuffs originated from the third country or third countries concerned and intended for export to [F21Great Britain] under the rules set out in Article 32(1) and (2) of Regulation (EC) No 834/2007;

(b)a detailed description of how Titles II, III and IV of Regulation (EC) No 834/2007 as well as the provisions of Regulation (EC) No 889/2008 have been implemented in the third country or in each of the third countries concerned;

(c)a copy of the assessment report as set out in the fourth subparagraph of Article 32(2) of Regulation (EC) No 834/2007:

(i)

proving that the control body or control authority has been satisfactorily assessed on its ability to meet the conditions set out in Article 32(1) and (2) of Regulation (EC) No 834/2007;

(ii)

giving guarantees on the elements referred to in Article 27(2), (3), (5), (6) and (12) of Regulation (EC) No 834/2007;

(iii)

ensuring that the control body or control authority meets the control requirements and precautionary measures set out in Title IV of Regulation (EC) No 889/2008; and

(iv)

confirming that it has effectively implemented its control activities according to these conditions and requirements;

(d)proof that the control body or authority has notified its activities to the authorities of the third country concerned and its undertaking to respect the legal requirements imposed on it by the authorities of the third country concerned;

(e)the website 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, the product categories concerned, as well as suspended and decertified operators and products;

(f)an undertaking to comply with the provisions of Article 5 of this Regulation;

(g)any other information deemed relevant by the control body or control authority or by the [F22Secretary of State].

4.When examining a request for inclusion in the list of control body or control authority, and also any time after its inclusion, the [F23Secretary 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 [F23Secretary of State] may, based on risk-assessment and in case of suspected irregularities, organise an on-the-spot examination by experts it designates.

5.The [F24Secretary of State] shall assess whether the technical dossier referred to in paragraph 3 and the information referred to in paragraph 4 are satisfactory and may subsequently decide to recognise and include a control body or control authority in the list. [F25If the Secretary of State decides to do so, the Secretary of State must notify the control body or control authority of this decision.]

Textual Amendments

Article 5U.K.Management and review of the list of recognised control bodies and control authorities for the purpose of compliance

1.A control body or control authority may only be included in the list referred to in Article 3 when it fulfils the following obligations:

(a)if, after the control body or control authority has been included in the list, any changes are made to the measures applied by the control body or control authority, that control body or control authority shall notify the [F26Secretary of State] thereof; requests to amend the information in respect of a control body or control authority referred to in Article 3(2) shall also be notified to the [F26Secretary of State];

(b)a control body or control authority included in the list shall keep available and communicate at first request all information related to its control activities in the third country; it shall give access to its offices and facilities to experts designated by the [F27Secretary of State];

(c)by 31 March every year, the control body or control authority shall send a concise annual report to the [F28Secretary of State]; the annual report shall update the information of the technical dossier referred to in Article 4(3); it shall describe in particular the control activities carried out by the control body or control authority in the third countries during the previous year, the results obtained, the irregularities and infringements observed and the corrective measures taken; it shall furthermore contain the most recent assessment report or update of such report, which shall contain the results of the regular on-the-spot evaluation, surveillance and multiannual reassessment as referred to in Article 32(2) of Regulation (EC) No 834/2007; the [F28Secretary of State] may request any other information deemed necessary;

(d)in the light of any information received, the [F29Secretary of State] may at any time amend the specifications relating to the control body or control authority and may suspend the entry of that body or authority in the list referred to in Article 3; a similar decision may also be made where a control body or authority has not supplied information required or where it has not agreed to an on-the-spot examination;

(e)the control body or control authority shall make available to interested parties, on an Internet website, a continuously updated list of operators and products certified as organic.

2.If a control body or a control authority does not send the annual report, referred to in paragraph 1(c), does not keep available or does not communicate all information related to its technical dossier, control system or updated list of operators and products certified as organic, or does not agree to an on-the-spot examination, after request by the [F30Secretary of State] within a period which the [F30Secretary of State] shall determine according to the severity of the problem and which generally may not be less than 30 days, [F31the Secretary of State may F32... withdraw that control body or control authority from the list of control bodies and control authorities.]

If a control body or a control authority fails to take appropriate and timely remedial action, the [F33Secretary of State] shall withdraw it from the list without delay.

Textual Amendments

CHAPTER 2U.K.Documentary evidence required for import of compliant products

Article 6U.K.Documentary evidence

1.The documentary evidence required for import of compliant products referred to in Article 32(1)(c) of Regulation (EC) No 834/2007, shall, in accordance with Article 17(2) of this Regulation, be established on the basis of the model set out in Annex II to this Regulation and contain at least all the elements that are part of that model.

2.The original documentary evidence shall be established by a control authority or the control body which has been recognised for issuing that documentary by a decision as referred to in Article 4.

3.The authority or body issuing the documentary evidence shall follow the rules established in accordance with Article 17(2) and in the model, notes and guidelines made available by the [F34Secretary of State] via the computer system enabling electronic exchange of documents referred to in Article 17(1).

Textual Amendments

TITLE IIIU.K.IMPORT OF PRODUCTS PROVIDING EQUIVALENT GUARANTEES

CHAPTER 1U.K.List of recognised third countries

Article 7U.K.Compilation and content of the list of third countries

1.The [F35Secretary of State] shall establish a list of recognised third countries in accordance with Article 33(2) of Regulation (EC) No 834/2007. [F36The Secretary of State must make the list available to the public on the internet. For transitional purposes, the Secretary of State must add to the list the names of the third countries and other information falling within paragraph 2 listed in Annex 3 of this Regulation, as that Annex had effect immediately before it was revoked, with the exception of the date by which the recognition of equivalence of the European Union is to be reassessed, which must be entered as 31 December 2023.] The procedures for drawing up and amending the list are defined in Articles 8 and 16 of this Regulation. Amendments to the list shall be made available to the public on the Internet [F37from time to time].

2.The list shall contain all the information necessary in respect of each third country to allow verifying whether products placed on the [F38market in Great Britain] have been subject to the control system of the third country recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 and in particular:

(a)the product categories concerned;

(b)the origin of the products;

(c)a reference to the production standards applied in the third country;

(d)the competent authority in the third country responsible for the control system, its address, including e-mail and Internet addresses;

[F1(e)the name, address, email address, internet address and code number of the control authority or authorities and the control body or bodies recognised by the competent authority referred to in point (d) to carry out controls;

(f)the name, address, email address, internet address and code number of the authority or authorities and the control body or bodies responsible in the third country for issuing certificates with a view to importing into [F39Great Britain];]

(g)the duration of the inclusion in the list.

[F40The Secretary of State may make amendments to the information contained in the list from time to time to ensure that it remains accurate and up-to-date.]

Textual Amendments

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

F411.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.The [F42Secretary of State] shall only be required to consider a [F43request 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 [F42Secretary 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 [F44Great 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 [F44Great Britain];

(c)the production standards applied in the third country as well as an assessment of their equivalence to the standards applied in [F44Great 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 [F44Great 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 [F42Secretary of State].

3.When examining a request for inclusion in the list of recognised third countries, and also any time after its inclusion, the [F45Secretary 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 [F45Secretary of State] may, based on risk-assessment and in case of suspected irregularities organise an on-the-spot examination by experts [F46designated by the Secretary of State].

[F47Experts from other third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 may be invited by the [F45Secretary of State] to attend on-the-spot-examination as observers.]

[F484.The [F49Secretary 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. [F50If the Secretary of State decides to do so, the Secretary of State must notify the third country of this decision.] Where the [F49Secretary of State] considers that the conditions laid down in Regulation (EC) No 834/2007 and this Regulation continue to be met, [F51the Secretary of State] may decide to extend the inclusion of the third country after that three-year period.

[F52In 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

Article 9U.K.Management and review of the list of third countries

1.The [F53Secretary of State] shall only be required to consider a request for inclusion when the third country undertakes to accept the following conditions:

[F1(a)if, after a third country has been included in the list, any changes are made to the measures in force in the third country or their implementation and in particular to its control system, that third country shall notify the [F53Secretary of State] thereof without delay; any changes made to the information referred to in points (d), (e) and (f) of Article 7(2) shall be notified to the [F53Secretary of State] without delay F54...;]

(b)the annual report referred to in Article 33(2) of Regulation (EC) No 834/2007 shall update the information of the technical dossier referred to in Article 8(2) of this Regulation; it shall describe in particular the monitoring and supervisory activities carried out by the competent authority of the third country, the results obtained and the corrective measures taken;

(c)in the light of any information received, the [F53Secretary of State] may at any time amend the specifications relating to the third country and may suspend the entry of that country from the list referred to in Article 7; a similar decision may also be made where a third country has not supplied information required or where it has not agreed to an on-the-spot examination.

2.If a third country does not send the annual report, referred to Article 33(2) of Regulation (EC) No 834/2007, does not keep available or does not communicate all information related to its technical dossier or control system or does not agree to an on-the-spot examination, after request by the [F53Secretary of State] within a period which the [F53Secretary of State] shall determine according to the severity of the problem and which generally may not be less than 30 days, [F55the Secretary of State mayF56... withdraw that third country from the list.].

Textual Amendments

CHAPTER 2U.K.List of recognised control bodies and control authorities for the purpose of equivalence

Article 10U.K.Compilation and content of the list of recognised control bodies and control authorities for the purpose of equivalence

1.The [F57Secretary of State must maintain] a list of control bodies and control authorities, recognised for the purpose of equivalence in accordance with Article 33(3) of Regulation (EC) No 834/2007. [F58The Secretary of State must make the list available to the public on the internet. For transitional purposes, the Secretary of State must add to the list the names of the control bodies and control authorities and other information falling within paragraph 2 listed in Annex 4 of this Regulation, as that Annex had effect immediately before it was revoked.] The procedures for drawing up and amending the list are defined in Articles 11, 16 and 17 of this Regulation. [F59The Secretary of State must make amendments to the list available to the public on the internet from time to time.]

2.The list shall contain all the information necessary in respect of each control body or authority to allow verifying whether products placed on the F60... market have been controlled by a control body or authority recognised in accordance with Article 33(3) of Regulation (EC) No 834/2007 and in particular:

(a)the name, address and code number of the control body or authority, and, when appropriate, its e-mail and Internet address;

(b)the third countries not listed in the list provided for in Article 7 where the products have their origin;

(c)the product categories concerned for each third country;

(d)the duration of the inclusion in the list;[F61 and]

[F62(e)the internet website where an updated list of operators subject to the control system can be found, indicating their certification status and the product categories concerned as well as a contact point where information is available on suspended and decertified operators and products[F62; and]]

[F63(f)the internet website where a complete presentation of the production standard and control measures applied by the control body or control authority in a third country can be found.]

[F64The Secretary of State may make amendments to the information contained in the list from time to time to ensure that it remains accurate and up-to-date.]

[F13.By way of derogation from paragraph 2(b), those products originating from a recognised third country listed in accordance with Article 7, but not covered by the recognition granted to that third country, may be included in the list provided for in this Article.]

Textual Amendments

Article 11U.K.Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of equivalence

[F651.The [F66Secretary of State] shall consider whether to include a control body or control authority in the list provided for in Article 10 upon receipt of a request thereto from the representative of the control body or control authority concerned on the basis of the model of application made available by the [F66Secretary of State] in accordance with Article 17(2). F67...]

2.The request can be introduced by control bodies and control authorities established in the [F68United Kingdom] or in a third country.

3.The request for inclusion shall consist of a technical dossier, which shall comprise all the information needed for the [F66Secretary of State] to ensure that the conditions set out in Article 33(3) of Regulation (EC) No 834/2007 are met for products intended for export to [F69Great Britain], namely:

(a)an overview of the activities of the control body or control authority in the third country or third countries, including an estimate of the number of operators involved and the expected nature and quantities of agricultural products and foodstuffs intended for export to [F69Great Britain] under the rules set out in Article 33(1) and (3) of Regulation (EC) No 834/2007;

(b)a description of the production standards and control measures applied in the third countries, including an assessment of the equivalence of these standards and measures with Titles III, IV and V of Regulation (EC) No 834/2007 as well as with the associated implementing rules laid down in Regulation (EC) No 889/2008;

(c)a copy of the assessment report as set out in the fourth subparagraph of Article 33(3) of Regulation (EC) No 834/2007:

(i)

proving that the control body or control authority has been satisfactorily assessed on its ability to meet the conditions set out in Article 33(1) and (3) of Regulation (EC) No 834/2007;

(ii)

confirming that it has effectively implemented its activities according to those conditions; and

(iii)

demonstrating and confirming the equivalence of the production standards and control measures referred to in subparagraph (b) of this paragraph;

(d)proof that the control body or control authority has notified its activities to the authorities of each of the third countries concerned and its undertaking to respect the legal requirements imposed on it by the authorities of each of the third countries concerned;

(e)the Internet website 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, the product categories concerned, as well as suspended and decertified operators and products;

(f)an undertaking to comply with the provisions of Article 12;

(g)any other information deemed relevant by the control body or control authority or by the [F66Secretary of State].

4.When examining a request for inclusion in the list of control body or control authority, and also any time after its inclusion, the [F66Secretary of State] may request any further information, including the presentation of one or more on-the-spot examination reports established by independent expert. Furthermore, the [F66Secretary of State] may organise an on-the-spot examination by experts it designates on a risk-based approach and in case of suspected irregularities.

5.The [F66Secretary 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 control body or control authority in the list. [F70If the Secretary of State decides to do so, the Secretary of State must notify the control body or control authority of this decision.]

Textual Amendments

Article 12U.K.Management and review of the list of control bodies and control authorities for the purpose of equivalence

1.A control body or control authority may only be included in the list referred to in Article 10 when it fulfils the following obligations:

(a)if, after a control body or control authority has been included in the list, any changes are made to the measures applied by the control body or control authority, that control body or control authority shall notify the [F71Secretary of State] thereof; requests to amend the information in respect of a control body or authority referred to in Article 10(2), shall also be notified to the [F71Secretary of State];

(b)by [F6228 February] every year, the control body or control authority shall send a concise annual report to the [F71Secretary of State]. The annual report shall update the information of the technical dossier referred to in Article 11(3); it shall describe in particular the control activities carried out by the control body or control authority in the third countries in the previous year, the results obtained, the irregularities and infringements observed and the corrective measures taken; It shall furthermore contain the most recent assessment report or update of such report, which shall contain the results of the regular on-the-spot evaluation, surveillance and multiannual reassessment as referred to in Article 33(3) of Regulation (EC) No 834/2007; the [F71Secretary of State] may request any other information deemed necessary;

(c)in the light of any information received, the [F71Secretary of State] may at any time amend the specifications relating to the control body or control authority and may suspend the entry of that body or authority from the list referred to in Article 10; a similar decision may also be made where a control body or control authority has not supplied information required or where it has not agreed to an on-the-spot examination;

(d)the control body or control authority shall make available to interested parties, by electronic means, a continuously updated list of operators, and of products certified as organic.

[F722.[F73The Secretary of State may F74... withdraw from the list referred to in Article 10 a control body or a control authority, or a reference to a specific product category or a specific third country in relation to that control body or control authority, in the following cases:]

(a)if its annual report referred to paragraph 1(b) has not been received by the [F71Secretary of State] by [F6228 February];

(b)if it does not notify the [F71Secretary of State] in due time of changes to its technical dossier;

(c)if it does not provide information to the [F71Secretary of State] during the investigations of an irregularity case;

(d)if it fails to take adequate corrective measures in response to the irregularities and infringements observed;

(e)if it does not agree to an on-the-spot examination required by the [F71Secretary of State], or if an on-the-spot examination comes up with a negative result due to systematic malfunctioning of control measures;

(f)in any other situation presenting the risk for the consumer to be misled about the true nature of the products certified by the control body or the control authority.

If a control body or a control authority fails to take appropriate and timely remedial action after request by the [F71Secretary of State] within a period which the [F71Secretary of State] shall determine according to the severity of the problem and which generally may not be less than 30 days, [F75the Secretary of State must F76... withdraw it from the list without delay]. F77... The [F71Secretary of State] shall make the amended list available as soon as possible to the public by any appropriate technical means, including publication on the Internet.]

Textual Amendments

CHAPTER 3U.K.Release for free circulation of products imported in accordance with Article 33 of Regulation (EC) No 834/2007

[F1Article 13U.K. Certificate of inspection

1.The release for free circulation in [F78Great Britain] of a consignment of products referred to in Article 1(2) of Regulation (EC) No 834/2007 and imported in accordance with Article 33 of that Regulation shall be conditional on:

(a)the submission of an original certificate of inspection to the F79... competent authority;

(b)the verification of the consignment and the endorsement of the certificate of inspection by the F80... competent authority; and

(c)the indication of the number of the certificate of inspection in the customs declaration for release for free circulation as referred to in [F81paragraph 17(4) of Schedule 1 to the Taxation (Cross-border) Trade Act 2018.]

The verification of the consignment and the endorsement of the certificate of inspection shall be carried out by the [F82competent authority.]

F83...

[F84The requirements in this Article relating to certificates of inspection apply to organic products entering the United Kingdom from the European Union, an EEA state or Switzerland only on and after [F851st January 2022].]

2.[F65The certificate of inspection shall be issued by the relevant control authority or control body before the consignment leaves the third country of export or origin. It shall be endorsed by the F86... competent authority and completed by the first consignee on the basis of the model and the notes set out in Annex V and using [F87Great Britain's import control system].]

F88...

When the original certificate of inspection is a printed and hand-signed copy of the completed electronic certificate in [F89the United Kingdom's import control system], control authorities, control bodies, F90... competent authorities and the first consignee shall verify at each stage of issuing, endorsement and reception of the certificate of inspection that this copy corresponds to the information indicated in [F89the United Kingdom's import control system]. [F91In the absence in the printed hand-signed copy of the certificate of inspection of the information related to transport documents in boxes 16 and 17, and the relevant fields of box 13, or where such information is different than the one available in [F89the United Kingdom's import control system], F90... competent authorities and the first consignee shall only consider for the purpose of verification and endorsement of the certificate of inspection the information available in [F89the United Kingdom's import control system].]

3.To be accepted for endorsement, the certificate of inspection shall have been issued by the control authority or control body of the producer or the processor of the product concerned or, where the operator carrying out the last operation for the purposes of preparation is different from the producer or processor of the product, by the control authority or control body of the operator carrying out the last operation for the purposes of preparation as defined in Article 2(i) of Regulation (EC) No 834/2007.

That control authority or control body shall be:

(a)a control authority or control body listed in [F92the Article 7 list] for the products concerned and for the third country in which the products have their origin, or, where applicable, in which the last operation for the purposes of preparation has been carried out; or

(b)a control authority or control body listed in [F93the Article 10 list] for the products concerned and for the third country in which the products have their origin or in which the last operation for the purposes of preparation has been carried out.

4.[F94The control authority or control body issuing the certificate of inspection shall only issue the certificate of inspection and sign the declaration in box 18 of the certificate after it has carried out a documentary check on the basis of all relevant inspection documents, including in particular the production plan for the product concerned, commercial documents and, as appropriate according to its risk assessment, it has carried out a physical check of the consignment. The information related to transport documents in box 13, in particular number of packages and net weight, and the information in boxes 16 and 17 of the certificate of inspection concerning means of transport and transport documents shall be included in the certificate of inspection within maximum 10 days from the issuance of the certificate and, in any case, before endorsement of the certificate of inspection by the relevant Member State’s competent authorities.]

However, for processed products, if the control authority or control body issuing the certificate of inspection is a control authority or control body listed in [F95the Article 7 list], it shall only issue the certificate of inspection and sign the declaration in box 18 of the certificate after it has verified that all organic ingredients of the product have been controlled and certified by a control authority or control body recognised by the third country concerned listed in [F96the Article 7 list], or if the issuing control authority or control body is a control authority or control body listed in [F97the Article 10 list], it shall only issue the certificate of inspection and sign the declaration in box 18 of the certificate after it has verified that all organic ingredients of such products have been controlled and certified by a control authority or control body listed in [F98the Article 7 list or the Article 10 list] or have been produced and certified in [F99Great Britain] in accordance with Regulation (EC) No 834/2007.

Where the operator carrying out the last operation for the purposes of preparation is different from the producer or processor of the product, the control authority or control body issuing the certificate of inspection and listed in [F100the Article 10 list] shall only issue the certificate of inspection and sign the declaration in box 18 of the certificate after it has carried out a documentary check on the basis of all relevant inspection documents, including transport documents and commercial documents, it has verified that the production or the processing of the product concerned has been controlled and certified by a control body or control authority recognised for the products concerned and the country concerned in accordance with Article 33(3) of Regulation (EC) No 834/2007 and it has carried out, as appropriate according to its risk assessment, a physical check of the consignment.

At the request of the [F101Secretary of State], the control authority or control body issuing the certificate of inspection in accordance with the second and third subparagraphs shall make available without delay the list of all operators in the organic production chain and the control authorities or control bodies under whose control those operators have placed their operations.

5.The certificate of inspection shall be made in one single original.

The first consignee or, where relevant, the importer may make a copy of the certificate of inspection for the purpose of informing the control authorities and control bodies in accordance with Article 83 of Regulation (EC) No 889/2008. Any such copy shall carry the indication ‘COPY’ printed or stamped thereon.

6.At the verification of a consignment, the F102... competent authority shall endorse the original certificate of inspection in box 20 and shall return it to the person who submitted the certificate.

7.The first consignee shall, at the reception of the consignment, complete box 21 of the certificate of inspection, to certify that the reception of the consignment has been carried out in accordance with Article 34 of Regulation (EC) No 889/2008.

The first consignee shall then send the original of the certificate to the importer mentioned in box 11 of the certificate for the purposes of the second subparagraph of Article 33(1) of Regulation (EC) No 834/2007.

[F1038.During the transition period a certificate of inspection issued by a control body which appears on both [F104the Article 10 list] and Annex 4 of Regulation (EC) No 1235/2008 as it had effect in EU law immediately before IP completion day must be accepted for the purposes of satisfying the requirements, including those in paragraph 1, for import into Great Britain notwithstanding that the certificate of inspection certifies compliance with requirements in Regulation (EC) No 834/2007 as it has effect in EU law from time to time.

9.During the transition period a certificate of inspection issued by a control body which appears on both [F105the Article 10 list] and Annex 4 of Regulation (EC) No 1235/2008 as it had effect in EU law immediately before IP completion day must not be accepted for the purposes of satisfying the requirements, including those in paragraph 1, for import into Great Britain where it certifies compliance with Regulation (EC) No 834/2007 as it has effect in Great Britain unless the competent authority has approved the control body to certify products to Great Britain standards, following a notification in accordance with Article 12(1).

10.The transition period referred to in paragraphs 8 and 9 is a period which begins on IP completion day and ends on 31st December 2022.]]

Textual Amendments

[F6Article 13aU.K. Force majeure or exceptional circumstances

1.In cases of force majeure or exceptional circumstances preventing the electronic system from working, and in particular of malfunctioning of the system or a lack of a lasting connection, certificates of inspection and their extracts may be issued and endorsed pursuant to Article 13(3) to (7) without using [F106Great Britain's electronic import control system] in accordance with paragraphs [F1072 and 3] of this Article, and on the basis of the models and the notes set out in Annex V or VI. The competent authorities, control authorities, control bodies and operators shall inform the [F108Secretary of State] without delay and shall insert in [F106Great Britain's electronic import control system] all the necessary details within ten calendar days following the re-establishment of the system.

2.When the certificate of inspection is issued without using [F109Great Britain's electronic import control system], it shall be drawn up in [F110English, and may also appear in other languages,] and filled in, except for the stamps and signatures, either entirely in capital letters or entirely in typescript.

F111...

Uncertified alterations or erasures shall invalidate the certificate.

3.The control authority or control body issuing the certificate of inspection shall give a serial number to each issued certificate and keep a register of the issued certificates in chronological order and make the correspondence afterward with the serial number given by [F112Great Britain's import control system].

F1134.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 13bU.K. Importer

The importer shall indicate the number of the certificate of inspection in the customs declaration for release for free circulation as referred to in [F114section 3 of the Taxation (Cross-border) Trade Act 2018].

[F115The requirements of this Article apply to organic products entering the United Kingdom from the European Union, an EEA state or Switzerland only on and after [F1161st January 2022].]

Textual Amendments

Article 13cU.K. Access rights

The [F117Secretary of State] shall be in charge of granting and updating access rights to [F118Great Britain's import control system]F119... of competent authorities of third countries recognised in accordance with Article 33(2) of [F120Regulation (EC) No 834/2007] and of control authorities and control bodies listed in [F121the Article 7 list or the Article 10 list]. Before granting access rights to [F118Great Britain's import control system], the [F117Secretary of State] shall verify the identity of the competent authorities, control authorities and control bodies concerned.

[F122The competent authority is in charge of granting and updating access rights to Great Britain's import control system of operators, control authorities and control bodies. Before granting access rights to Great Britain's import control system, the competent authority must verify the identity of the operators, control authorities and control bodies concerned.]

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 13dU.K. Integrity and legibility of information

[F124Great Britain's import control system] shall protect the integrity of the information encoded in accordance with this Regulation.

In particular, it shall offer the following guarantees:

(a)

it shall allow each user to be unequivocally identified and shall incorporate effective control measures of access rights in order to protect against illegal, malicious or unauthorised access, deletion, alteration or movement of the information, files and metadata;

(b)

it shall be equipped with physical protection systems against intrusions and environmental incidents and software protection against cyber-attacks;

(c)

it shall safeguard stored data in an environment which is secure in both physical and software terms;

(d)

it shall prevent, by various means, any unauthorised changes and incorporate integrity mechanisms to check if the information has been altered over time;

(e)

it shall keep an audit trail for each essential stage of the procedure;

(f)

it shall provide reliable format conversion and migration procedures in order to guarantee that the information is legible and accessible throughout the entire storage period required;

(g)

it shall have sufficiently detailed and up-to-date functional and technical documentation on the operation and characteristics of the system, that documentation being accessible at all times to the organisational entities responsible for the functional and/or technical specifications.]

Textual Amendments

Article 14U.K.Special customs procedures

[F11.Where a consignment coming from a third country is placed under customs warehousing or inward processing as provided for in [F125the Taxation (Cross-border) Trade Act 2018], and subject to one or more preparations as referred to in the second subparagraph, the F126... competent authority shall carry out the verification of the consignment as referred to in point (b) of the first subparagraph of Article 13(1) of this Regulation before the first preparation is carried out. The reference number of the customs declaration by which the goods have been declared for customs warehousing or for inward processing procedure shall be indicated in box 19 of the certificate of inspection.

The preparation shall be limited to the following types of operations:

(a)packaging or repackaging; or

(b)labelling concerning the presentation of the organic production method.

After this preparation, the consignment shall be subject, before the release for free circulation [F127in Great Britain], to the measures referred to in Article 13(1) of this Regulation.

After this procedure, the original of the certificate of inspection shall, where relevant, be returned to the importer of the consignment, referred to in box 11 of the certificate for the purposes of the second subparagraph of Article 33(1) of Regulation (EC) No 834/2007.]

[F128The requirements in this Article in respect of a certificate of inspection apply to organic products entering Great Britain from the European Union, an EEA state or Switzerland only on and after [F1291st January 2022].]

2.Where, under a [F130special] procedure pursuant to [F131the Taxation (Cross-border) Trade Act 2018], a consignment coming from a third country is intended to be [F132split] into different batches, the consignment shall be subject, before this splitting is carried out, to the measures referred to in Article 13(1) of this Regulation.

[F1For each of the batches which results from the splitting, the importer mentioned in box 11 of the certificate of inspection shall submit an extract of the certificate of inspection through [F133Great Britain's import control system] to the F134... competent authority, in accordance with the model and the notes set out in Annex VI. After verification of the batch, the F134... competent authority shall endorse the extract of the certificate of inspection in box 13 for the purpose of the release for free circulation [F135in Great Britain]. F136...]

A copy of each endorsed extract from the certificate of inspection shall be kept together with the original certificate of inspection by the person identified as the original importer of the consignment and mentioned in box 11 of the certificate of inspection. This copy shall carry the indication ‘COPY’ or ‘DUPLICATE’ printed or stamped thereon.

F137...

[F138The consignee of a batch shall, at the reception thereof, complete the original of the extract of the certificate of inspection in box 14, in order to certify that the reception of the batch has been carried out in accordance with Article 34 of Regulation (EC) No 889/2008.]

The consignee of a batch shall keep the extract of the certificate of inspection at the disposal of the control authorities and/or control bodies for not less than two years.

3.The preparation and splitting operations referred to in paragraphs 1 and 2 shall be carried out in accordance with the relevant provisions set out in Title V of Regulation (EC) No 834/2007 and in Title IV of Regulation (EC) No 889/2008.

Textual Amendments

[F72Article 15U.K. Non-compliant products

1.Without prejudice to any measures or actions taken in accordance with Article 30 of Regulation (EC) No 834/2007 and/or Regulation (EC) No 889/2008, the release for free circulation in [F139Great Britain] of products not in conformity with the requirements of Regulation (EC) No 834/2007 [F140, or in relation to products to which paragraph 8 of Article 13 applies, Regulation (EC) No 834/2007 on organic production and labelling of organic products as it has effect in EU law from time to time,] shall be conditional on the removal of references to organic production from the labelling, advertising and accompanying documents.

F141...F141...

2.[F142Without prejudice to any measures or actions to be taken in accordance with Article 30 of Regulation (EC) No 834/2007, in case of suspicion of infringements and irregularities as regards compliance of imported organic products from third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 or imported organic products controlled by control authorities or control bodies recognised in accordance with Article 33(3) of that Regulation with the requirements laid down in that Regulation, the importer shall take all necessary measures in accordance with Article 91(1) of Regulation (EC) No 889/2008.]

The importer and the control authority or control body which issued the certificate of inspection as referred to in Article 13 of this Regulation shall immediately inform the control bodies, control authorities and competent authorities [F143of both the United Kingdom and the] third countries involved in the organic production of the products in question F144.... The control authority or control body may require that the product cannot be placed on the market with indications referring to the organic production method until it is satisfied, by the information received from the operator or from other sources, that the doubt has been eliminated.

[F1423.Without prejudice to any measures or actions to be taken in accordance with Article 30 of Regulation (EC) No 834/2007, where a control authority or control body of [F145the United Kingdom] or a third country has a substantiated suspicion of an infringement or irregularity as regards compliance of imported organic products from third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 or imported organic products controlled by control authorities or control bodies recognised in accordance with Article 33(3) of that Regulation with the requirements laid down in that Regulation, it shall take all necessary measures in accordance with Article 91(2) of Regulation (EC) No 889/2008 and shall immediately inform the control bodies, control authorities and competent authorities of the [F146United Kingdom] and of the third countries involved in the organic production of the products in question F147....]

[F474.Where a competent authority of a third country recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 or a control authority or control body recognised in accordance with Article 33(3) of that Regulation is notified by the [F148Secretary of State] of a substantiated suspicion of an infringement or irregularity as regards compliance of imported organic products with the requirements laid down in that Regulation or this Regulation, it shall investigate the origin of the suspected irregularity or infringement and shall inform the [F149Secretary of State] of the result of the investigation and of the action taken. That information shall be sent within 30 calendar days from the date of sending of the original notification F150....

F151...]

F1525.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

TITLE IVU.K.COMMON RULES

Article 16U.K.Assessment of the requests and publication of the lists

1.The [F153Secretary of State] shall examine the requests received in accordance with Articles 4, 8 and 11 F154....

In order to assist the [F155Secretary of State] with the examination of the requests and with the management and review of the lists, the [F156Secretary of State may] set up an expert group consisting of governmental and private experts.

F1572.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1573.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1574.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 17U.K.Communication

1.When transmitting documents or other information referred to in Articles 32 and 33 of Regulation (EC) No 834/2007 and in this Regulation F158..., the competent authorities of third countries, the control authorities or the control bodies shall use electronic transmission. When specific electronic transmission systems are made available F159..., they shall use these systems. F160...

2.For the form and content of documents and information referred to in Articles 32 and 33 of Regulation (EC) No 834/2007 and in this Regulation, the [F161Secretary of State] shall set out guidelines, models and questionnaires where appropriate and make them available in the computer system referred to in paragraph 1 of this Article. These guidelines, models and questionnaires shall be adapted and updated by the [F162Secretary of State], after having informed the [F163appropriate authorities], as well as the control authorities and control bodies recognised in accordance with this Regulation.

[F13.The computer system provided for in paragraph 1 shall be able to collect the requests, documents and information referred to in this Regulation where appropriate.]

4.The supporting documents referred to in Articles 32 and 33 of Regulation (EC) No 834/2007 and in this Regulation, in particular in Articles 4, 8 and 11, shall be kept by the competent authorities of third countries, the control authorities or the control bodies at the disposal of the [F164Secretary of State] for at least three years following the year in which the controls took place or the certificates of inspection and documentary evidence were delivered.

5.Where a document or procedure provided for in Articles 32 and 33 of Regulation (EC) No 834/2007 or in the detailed rules for its application requires the signature of an authorised person or the approval of a person at one or more of the stages of that procedure, the computer systems set up for the communication of those documents must make it possible to identify each person unambiguously and provide reasonable assurance that the contents of the documents, including as regards the stages of the procedure, cannot be altered, F165....

Textual Amendments

F166Article 17aU.K. Regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167TITLE VU.K.FINAL AND TRANSITIONAL RULES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168...

Textual Amendments

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