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Commission Regulation (EC) No 889/2008Show full title
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
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Changes and effects yet to be applied to Article 92c:
- Regulation applied (with modifications) by S.I. 2023/959 reg. 6 Sch. 3
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Annex 2 para. 3 words substituted by S.I. 2019/693 reg. 3(56)
- Art. 29(1)(a) words substituted by S.I. 2019/693 reg. 3(17)(b)(i)(bb) (This amendment not applied to legislation.gov.uk. S.I. 2019/693, reg. 3(17)(b)(i)(bb) substituted immediately before IP completion day by S.I. 2020/1400, regs. 1(b), 3(3)(e))
[F1 Article 92c U.K. Supervisory activities relating to control bodies
1.The supervisory activities by competent authorities delegating control tasks to control bodies in accordance with Article 27(4)(b) of Regulation (EC) No 834/2007 shall focus on the evaluation of the operational performance of those control bodies, taking into account the results of the work of the national accreditation body as referred to in Article 2(11) of Regulation (EC) No 765/2008 of the European Parliament and of the Council (1).
Those supervisory activities shall include an assessment of the internal procedures of the control bodies for the controls, the management and examination of control files in the light of the obligations established by Regulation (EC) No 834/2007 and the verification of handling of non-conformities and the handling of appeals and complaints.
2.The competent authorities shall require control bodies to submit documentation on their risk analysis procedure.
The risk analysis procedure shall be designed in such a way that:
(a)the result of the risk analysis provides the basis for determining the intensity of the unannounced or announced annual inspections and visits;
(b)additional random control visits carried out in accordance with Article 65(4) of at least 10 % of operators under contract in accordance with the risk category are performed;
(c)at least 10 % of all inspections and visits carried out in accordance with Article 65(1) and (4) are unannounced;
(d)the selection of operators to be submitted to unannounced inspections and visits is determined on the basis of the risk analysis and that these are planned according to the level of risk.
3.Competent authorities delegating control tasks to control bodies shall verify that the staff of the control bodies has sufficient knowledge, including knowledge of the risk elements affecting the organic status of products, qualifications, training and experience with respect to organic production in general and with the relevant [F2retained EU law] in particular and that appropriate rules on rotation of inspectors are in force.
4.Competent authorities shall have documented procedures for the delegation of tasks to control bodies in accordance with Article 27(5) of Regulation (EC) No 834/2007 and for the supervision in accordance with this Article, detailing the information to be submitted by control bodies.]
Textual Amendments
F1Inserted by Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production.
F2Words in Art. 92c(3) substituted (31.12.2020) by The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693), regs. 1(2), 3(45); 2020 c. 1, Sch. 5 para. 1(1)
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