TITLE IINTRODUCTORY PROVISIONS
Article 1Subject matter
Article 2Definitions
TITLE IIIMPORT OF COMPLIANT PRODUCTSCHAPTER 1List of recognised control bodies and control authorities for the purpose of compliance
Article 3Compilation and content of the list of recognised control bodies and control authorities for the purpose of compliance
Article 4Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of compliance
Article 5Management and review of the list of recognised control bodies and control authorities for the purpose of compliance
CHAPTER 2Documentary evidence required for import of compliant products
Article 6Documentary evidence
TITLE IIIIMPORT OF PRODUCTS PROVIDING EQUIVALENT GUARANTEESCHAPTER 1List of recognised third countries
Article 7Compilation and content of the list of third countries
Article 8Procedure for requesting inclusion in the list of third countries
Article 9Management and review of the list of third countries
CHAPTER 2List of recognised control bodies and control authorities for the purpose of equivalence
Article 10Compilation and content of the list of recognised control bodies and control authorities for the purpose of equivalence
Article 11Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of equivalence
Article 12Management and review of the list of control bodies and control authorities for the purpose of equivalence
CHAPTER 3Release for free circulation of products imported in accordance with Article 33 of Regulation (EC) No 834/2007
Article 13 Certificate of inspection
Article 13a Force majeure or exceptional circumstances
Article 13b Importer
Article 13c Access rights
Article 13d Integrity and legibility of information
Article 14Special customs procedures
Article 15 Non-compliant products
TITLE IVCOMMON RULES
Article 16Assessment of the requests and publication of the lists
Article 17Communication
TITLE VFINAL AND TRANSITIONAL RULES
Article 18Transitional rules on the list of third countries
Article 19 Transitional rules on equivalent import of products not originating in listed third countries
Article 19a Transitional rules on the use of certificates of inspection not issued in TRACES
Article 20Repeal
Article 21Entry into force
ANNEX ILIST OF CONTROL BODIES AND CONTROL AUTHORITIES FOR THE PURPOSE OF COMPLIANCE AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 3
ANNEX II
ANNEX III LIST OF THIRD COUNTRIES AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 7
ARGENTINA AUSTRALIA CANADA CHILE 1.Product categories: 2.Origin: organically grown ingredients in products of categories A and...3.Production standards: Law 20.089, of 17 January 2006 , that creates...4.Competent authority: Servicio Agricola y Ganadero (SAG), Ministry of Agriculture....5.Control bodies: 6.Certificate issuing bodies and authorities: as at point 5. 7.Duration of the inclusion: until 31 December 2020 . COSTA-RICA INDIA ISRAEL JAPAN SWITZERLAND TUNISIA UNITED STATES NEW ZEALAND REPUBLIC OF KOREA
ANNEX IV LIST OF CONTROL BODIES AND CONTROL AUTHORITIES FOR THE PURPOSE OF EQUIVALENCE AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 10
For the purposes of this Annex, the product categories are...
A Unprocessed plant products B Live animals or unprocessed animal...
The internet website, in accordance with Article 10(2)(e), where the...
‘Abcert AG’ ‘ A CERT European Organization for Certification S.A. ’ ‘ Agreco R.F. Göderz GmbH ’ ‘ Agricert — Certificação de Produtos Alimentares LDA ’ 1.Address: Rua Alfredo Mirante, 1, R/c Esq., 7350-154 Elvas, Portugal...2.Internet address: www.agricert.pt 3.Code numbers, third countries and product categories concerned: 4.Exceptions: in-conversion products and wine. 5.Duration of inclusion: until 30 June 2021 . ‘ Albinspekt ’ ‘ARGENCERT SA’ ‘ Australian Certified Organic ’ ‘ Balkan Biocert Macedonia DOOEL Skopje ’ ‘ BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd...‘ Beijing Continental Hengtong Certification Co., Ltd ’ ‘ Bioagricert S.r.l. ’ ‘ BIOCert Indonesia ’ ‘ Biocert International Pvt Ltd ’ 1.Address: 701 Pukhraj Corporate, Opposite Navlakha Bus Stop, Indore, 452001,...2.Internet address: http://www.biocertinternational.com 3.Code numbers, third countries and product categories concerned: 4.Exceptions: in-conversion products 5.Duration of inclusion: until 30 June 2021 ‘ BioGro New Zealand Limited ’ ‘ Bio.inspecta AG ’ ‘ Bio Latina Certificadora ’ ‘Bolicert Ltd’ ‘Bolicert Ltd’ ‘ Bureau Veritas Certification France SAS ’ ‘ Caucascert Ltd ’ ‘ CCOF Certification Services ’ ‘ CCPB Srl ’ ‘ CERES Certification of Environmental Standards GmbH ’ ‘ Certificadora Mexicana de productos y procesos ecológicos S.C. ’...‘ Certisys ’ ‘ Company of Organic Agriculture in Palestine (*)’ ‘ Control Union Certifications ’ ‘ DQS Polska sp. z o.o. ’ ‘ Ecocert SA ’ ‘ECOCERT IMO Denetim ve Belgelendirme Ltd. Ști’ ‘ Ecoglobe ’ ‘ Ecovivendi d.o.o. Belgrade ’ 1.Address: Voje Veljkovica no.5, Belgrade 11000 2.Internet address: www.ecovivendi.rs 3.Code numbers, third countries and product categories concerned: 4.Exceptions: in-conversion products and wine 5.Duration of inclusion: until 30 June 2021 . ‘Egyptian Center of Organic Agriculture (ECOA)’ ‘ Ekoagros ’ ‘ FairCert Certification Services Pvt Ltd ’ ‘ Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA...‘ IBD Certificações Ltda. ’ ‘ IMOcert Latinoamérica Ltda. ’ ‘ IMO Control Private Limited ’ ‘IMOswiss AG’ ‘ Indocert ’ ‘ Istituto Certificazione Etica e Ambientale ’ ‘ Japan Organic and Natural Foods Association ’ ‘ Kiwa BCS Öko-Garantie GmbH ’ ‘ LACON GmbH ’ ‘ Letis S.A. ’ ‘ Mayacert ’ ‘ NASAA Certified Organic Pty Ltd ’ ‘ÖkoP Zertifizierungs GmbH’ ‘ OneCert International PVT Ltd ’ ‘ Oregon Tilth ’ ‘ Organic Agriculture Certification Thailand (ACT) ’ ‘Organic Certifiers’ ‘ Organic Control System ’ ‘ Organic crop improvement association ’ ‘ Organic Standard ’ ‘ Organización Internacional Agropecuaria ’ ‘ Organska Kontrola ’ ‘ ORSER ’ ‘ Overseas Merchandising Inspection Co., Ltd ’ ‘ Q-check ’ 1.Address: 9-17 Erithrou Stavrou str., Larissa, Greece 2.Internet address: http://www.qcheck-cert.gr 3.Code numbers, third countries and product categories concerned: 4.Exceptions: in-conversion products 5.Duration of inclusion: until 30 June 2021 ‘QC&I GmbH’ ‘ Quality Assurance International ’ ‘Quality Partner’ ‘ Servicio de Certificación CAAE S.L.U. ’ ‘ Soil Association Certification Limited ’ ‘ Suolo e Salute srl ’ ‘ Tse-Xin Organic Certification Corporation ’ ‘ TÜV Nord Integra ’ ‘ SIA “ Sertifikācijas un testēšanas centrs ” ’ 1.Address: Dārza iela 12, Priekuļi, Priekuļu pagasts, Priekuļu novads, LV–4126,...2.Internet address: www.stc.lv 3.Code numbers, third countries and product categories concerned: 4.Exceptions: in-conversion products and wine. 5.Duration of inclusion: until 30 June 2021 .
ANNEX V
ANNEX VI
ANNEX VII

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/911, and in particular Article 33(2), Article 38(d) and Article 40 thereof,

Whereas:

(1)

Articles 32 and 33 of Regulation (EC) No 834/2007 lay down general provisions for import of organic products. With a view to guarantee that these provisions will be applied in a correct and uniform way, detailed rules and procedures for the application of those provisions should be laid down.

(2)

As substantial experience has been built up since 1992 with the import of products providing equivalent guarantees, a relatively short period should be given to control bodies and control authorities to request their inclusion in the list for the purpose of equivalence in accordance with Article 33 of Regulation (EC) No 834/2007. However, as there is no experience with the direct application of Community rules on organic production and labelling of organic products outside the territory of the Community, more time should be given to control bodies and control authorities wishing to request their inclusion in the list for the purpose of compliance in accordance with Article 32 of Regulation (EC) No 834/2007. Therefore a longer period should be provided for sending in the requests and for examining them.

(3)

For products imported according to Article 32 of Regulation (EC) No 834/2007, the operators concerned should be able to provide documentary evidence. It is necessary to establish a model for this documentary evidence. Products imported according to Article 33 of Regulation (EC) No 834/2007 should be covered by a certificate of inspection. It is necessary to lay down detailed rules with regard to the issuing of this certificate. Moreover, a procedure in order to coordinate at Community level certain controls on products imported from third countries which are intended to be marketed in the Community as organic should be laid down.

(4)

Argentina, Australia, Costa Rica, India, Israel, New Zealand and Switzerland were previously listed as third countries from which imported products could be marketed in the Community as organic, under Commission Regulation (EC) No 345/2008 of 17 April 2008 laying down detailed rules for implementing the arrangements for imports from third countries provided for in Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs2. The Commission has re-examined the situation of those countries according to the criteria set out in Regulation (EC) No 834/2007, taking into consideration the production rules applied and the experience gained with the import of organic products from these third countries as previously listed under Article 11(1) of Council Regulation (EEC) No 2092/2091. On this basis it is concluded that the conditions for inclusion of Argentina, Australia, Costa Rica, India, Israel, and New Zealand in the list of third countries for equivalency according to Article 33(1) of Regulation (EC) No 834/2007 are fulfilled.

(5)

The European Community and the Swiss Confederation have concluded an Agreement on trade in agricultural products3 approved by Decision 2002/309/EC of the Council and of the Commission4. Annex 9 to that Agreement covers organically produced agricultural products and foodstuffs and sets out that the Parties must take the necessary measures so that organic products complying with each other’s laws and regulations can be imported and placed on the market. For the sake of clarity, Switzerland should also be listed in the list of third countries for equivalency according to Article 33(1) of Regulation (EC) No 834/2007.

(6)

Member States’ authorities have acquired substantial experience and expertise in the field of granting access for organic imported goods into the territory of the Community. To establish and maintain the lists of third countries and control bodies and control authorities, this experience should be used and the Commission should be able to take account of reports from Member States and other experts. The tasks involved should be divided in a just and proportionate way.

(7)

Provision should also be made for transitional measures applicable to third country applications received by the Commission before 1 January 2009, the date from which Regulation (EC) No 834/2007 applies.

(8)

In order not to disrupt international trade, and to facilitate the transition between the rules established by Regulation (EEC) No 2092/2091 and those established by Regulation (EC) No 834/2007, it is necessary to extend the possibility of Member States to continue to grant authorisations to importers on a case by case basis for placing on the Community market of products until the measures necessary for the functioning of the new import rules have been put in place, in particular as regards the recognition of control bodies and control authorities referred to in Article 33(3) of Regulation (EC) No 834/2007. This possibility should be gradually phased out as the list of control bodies referred to in that Article is being established.

(9)

In order to improve transparency and guarantee the application of this Regulation, an electronic system for exchange of information between the Commission, the Member States, the third countries, and the control bodies and control authorities should be foreseen.

(10)

The detailed rules laid down in this Regulation replace those laid down in Commission Regulation (EC) No 345/2008 and in Commission Regulation (EC) No 605/2008 of 20 June 2008 laying down detailed rules for implementing the provisions concerning the certificate of inspection for imports from third countries under Article 11 of Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs5. Those Regulations should therefore be repealed and replaced by a new Regulation.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

HAS ADOPTED THIS REGULATION: