CHAPTER VIOFFICIAL CONTROLS AND OTHER OFFICIAL ACTIVITIES

Article 39Additional rules on actions to be taken by the operators and groups of operators

1

In addition to the obligations laid down in Article 15 of Regulation (EU) 2017/625, operators and groups of operators shall:

a

keep records to demonstrate their compliance with this Regulation;

b

make all declarations and other communications that are necessary for official controls;

c

take relevant practical measures to ensure compliance with this Regulation;

d

provide, in form of a declaration to be signed and updated as necessary:

  1. (i)

    the full description of the organic or in-conversion production unit and of the activities to be performed in accordance with this Regulation;

  2. (ii)

    the relevant practical measures to be taken to ensure compliance with this Regulation;

  3. (iii)

    an undertaking:

    • to inform in writing and without undue delay buyers of the products and to exchange relevant information with the competent authority, or, where appropriate, with the control authority or control body, in the event that a suspicion of non-compliance has been substantiated, that a suspicion of non-compliance cannot be eliminated, or that non-compliance that affects the integrity of the products in question has been established,

    • to accept the transfer of the control file in the case of change of control authority or control body or, in the case of withdrawal from organic production, the keeping of the control file for at least five years by the last control authority or control body,

    • to immediately inform the competent authority or the authority or body designated in accordance with Article 34(4) in the event of withdrawal from organic production, and

    • to accept the exchange of information among those authorities or bodies in the event that subcontractors are subject to controls by different control authorities or control bodies.

2

The Commission may adopt implementing acts to provide details and specifications regarding:

a

the records for demonstrating compliance with this Regulation;

b

the declarations and other communications that are necessary for official controls;

c

the relevant practical measures for ensuring compliance with this Regulation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 55(2).