Commission Implementing Regulation (EU) 2016/2259

of 15 December 2016

amending Regulation (EC) No 1235/2008 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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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) and (3) and Article 38(d) thereof,

Whereas:

(1)

Annex III to Commission Regulation (EC) No 1235/20082 sets out the list of third countries whose systems of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007.

(2)

The Republic of Korea informed the Commission that its competent authority has withdrawn the recognition of one control body and added three other control bodies to the list of recognised control bodies.

(3)

Annex IV to Regulation (EC) No 1235/2008 sets out the list of control authorities and control bodies competent to carry out controls and issue certificates in third countries for the purpose of equivalence.

(4)

The Commission has received and examined a request from ‘A CERT European Organization for Certification S.A.’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘A CERT European Organization for Certification S.A.’ for product categories A and D in respect of Albania, Azerbaijan, Bhutan, Belarus, Chile, China, the Dominican Republic, Ecuador, Egypt, Ethiopia, Grenada, Georgia, Indonesia, Iran, Jamaica, Jordan, Kenya, Kazakhstan, Lebanon, Morocco, Moldova, the former Yugoslav Republic of Macedonia, Papua New Guinea, the Philippines, Pakistan, Serbia, Russia, Rwanda, Saudi Arabia, Thailand, Turkey, Taiwan, Tanzania, Ukraine, Uganda and South Africa.

(5)

The Commission has received and examined a request from ‘Bioagricert S.r.l.’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to Indonesia and Senegal and for product categories A and D to Albania and Bangladesh and to extend the scope of its recognition to product category E in respect of Albania and Thailand.

(6)

‘Caucacert’ has informed the Commission of an error in its corporate name which should be changed into ‘Caucascert’.

(7)

The Commission has received and examined a request from ‘CCPB Srl’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B, D, E and F to Georgia, Iran, Jordan and Saudi Arabia, for product category B to China, Iraq, Mali, the Philippines and Syria, for product category C to Morocco and Tunisia, for product category E to Tunisia and for product categories E and F to China, Egypt, Iraq, Lebanon, Morocco, Mali, the Philippines, San Marino, Syria, and Turkey.

(8)

The Commission has received and examined a request from ‘CERES Certification of Environmental Standards GmbH’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B and D to Armenia, for product categories A and D to Belarus, Malawi, Sierra Leone, Somalia and Tajikistan and for product category B to Guatemala, Honduras, Nicaragua and El Salvador.

(9)

The Commission has received and examined a request from ‘Control Union Certifications’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B, C, D, E and F to Burundi, Somalia and South Sudan, for product categories B and C to Angola, Belarus, Djibouti, Eritrea, Fiji, Liberia, Niger, Chad and Kosovo and for product categories B, C and D to the Democratic Republic of the Congo and Madagascar.

(10)

The Commission has received and examined a request from ‘Ecocert SA’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category B to Mozambique and for product category C to Bangladesh, Chile, Hong Kong, Honduras, Peru and Vietnam.

(11)

Ecocert SA has informed the Commission that its subsidiary ‘ECOCERT IMO Denetim ve Belgelendirme Ltd Ști’ had ceased its certification activities in all third countries for which it was recognised. ‘ECOCERT IMO Denetim ve Belgelendirme Ltd Ști’ should therefore no longer be listed in Annex IV to Regulation (EC) No 1235/2008.

(12)

The Commission has received and examined a request from ‘Ekoagros’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘Ekoagros’ for product category A in respect of Russia, for product categories A and B in respect of Belarus and Ukraine, for product categories A and D in respect of Tajikistan and for product categories A and F in respect of Kazakhstan.

(13)

The Commission has received and examined a request from ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Jamaica and Vietnam and for product category D to Ecuador.

(14)

The Commission has received and examined a request from ‘IMOswiss AG’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to the United Arab Emirates, for product categories A and D to Burundi, for product category B to Mexico and Peru and for product category C to Brunei, China, Hong Kong, Honduras, Madagascar and the United States. In addition, ‘IMOswiss AG’ has informed the Commission that it has ceased its certification activities in Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Uzbekistan, Russia and Tajikistan. It should therefore no longer be listed for those countries in Annex IV to Regulation (EC) No 1235/2008.

(15)

The Commission has received and examined a request from ‘Kiwa BCS Öko-Garantie GmbH’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Zambia, for product category B to Laos, Myanmar/Burma and Thailand, for product category C to Hong Kong, Indonesia and Sri Lanka and for product categories C and E to Bangladesh.

(16)

The Commission has received and examined a request from ‘Mayacert’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to Colombia, the Dominican Republic and El Salvador, for product categories A and D to Belize and Peru and for product category B to Guatemala, Honduras and Nicaragua.

(17)

The Commission has received and examined a request from ‘OneCert International PVT Ltd’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Bangladesh, China, Ghana, Cambodia, Laos, Myanmar/Burma, Oman, Russia and Saudi Arabia.

(18)

The Commission has received and examined a request from ‘Oregon Tilth’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the scope of its recognition to product category E in respect of Mexico.

(19)

The Commission has received and examined a request from ‘Organic Certifiers’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Indonesia.

(20)

The Commission has received and examined a request from ‘Organska Kontrola’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the scope of its recognition to product category B for all countries.

(21)

‘QC&I GmbH’ has informed the Commission that it has ceased its certification activities in all third countries for which it was recognised. It should therefore no longer be listed in Annex IV to Regulation (EC) No 1235/2008.

(22)

The Commission has received and examined a request from ‘Suolo e Salute srl’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product category A to the Dominican Republic and Egypt and to extend the scope of its recognition to product category D in respect of the Dominican Republic.

(23)

Any reference to Taiwan in Annex IV to Regulation (EC) No 1235/2008 should be understood as a reference to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.

(24)

Annexes III and IV to Regulation (EC) No 1235/2008 should therefore be amended accordingly.

(25)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1235/2008 is amended as follows:

  1. (1)

    Annex III is amended in accordance with Annex I to this Regulation;

  2. (2)

    Annex IV is amended in accordance with Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 2016.

For the Commission

The President

Jean-Claude Juncker

ANNEX I

In Annex III to Regulation (EC) No 1235/2008, in the entry relating to the Republic of Korea, point 5 is amended as follows:

  1. (1)

    the row relating to code number KR-ORG-003 (Bookang tech) is deleted;

  2. (2)

    the following rows are added:

    KR-ORG-013

    Hansol Food, Agriculture, Fisher-Forest Certification Center

    www.hansolnonglim.com

    KR-ORG-021

    ISC Agriculture development research institute

    www.isc-cert.com

    KR-ORG-022

    Greenstar Agrifood Certification Center

    Image_r00001

ANNEX II

Annex IV to Regulation (EC) No 1235/2008 is amended as follows:

  1. (1)

    after the entry relating to ‘Abcert AG’ the following new entry is inserted:

    “A CERT European Organization for Certification S.A.”

    1. 1.

      Address: 2 Tilou street, 54638 Thessaloniki, Greece

    2. 2.

      Internet address: www.a-cert.org

    3. 3.

      Code numbers, third countries and product categories concerned:

      Code number

      Third country

      Category of products

      A

      B

      C

      D

      E

      F

      AL-BIO-171

      Albania

      x

      —

      —

      x

      —

      —

      AZ-BIO-171

      Azerbaijan

      x

      —

      —

      x

      —

      —

      BT-BIO-171

      Bhutan

      x

      —

      —

      x

      —

      —

      BY-BIO-171

      Belarus

      x

      —

      —

      x

      —

      —

      CL-BIO-171

      Chile

      x

      —

      —

      x

      —

      —

      CN-BIO-171

      China

      x

      —

      —

      x

      —

      —

      DO-BIO-171

      Dominican Republic

      x

      —

      —

      x

      —

      —

      EC-BIO-171

      Ecuador

      x

      —

      —

      x

      —

      —

      EG-BIO-171

      Egypt

      x

      —

      —

      x

      —

      —

      ET-BIO-171

      Ethiopia

      x

      —

      —

      x

      —

      —

      GD-BIO-171

      Grenada

      x

      —

      —

      x

      —

      —

      GE-BIO-171

      Georgia

      x

      —

      —

      x

      —

      —

      ID-BIO-171

      Indonesia

      x

      —

      —

      x

      —

      —

      IR-BIO-171

      Iran

      x

      —

      —

      x

      —

      —

      JM-BIO-171

      Jamaica

      x

      —

      —

      x

      —

      —

      JO-BIO-171

      Jordan

      x

      —

      —

      x

      —

      —

      KE-BIO-171

      Kenya

      x

      —

      —

      x

      —

      —

      KZ-BIO-171

      Kazakhstan

      x

      —

      —

      x

      —

      —

      LB-BIO-171

      Lebanon

      x

      —

      —

      x

      —

      —

      MA-BIO-171

      Morocco

      x

      —

      —

      x

      —

      —

      MD-BIO-171

      Moldova

      x

      —

      —

      x

      —

      —

      MK-BIO-171

      the former Yugoslav Republic of Macedonia

      x

      —

      —

      x

      —

      —

      PG-BIO-171

      Papua New Guinea

      x

      —

      —

      x

      —

      —

      PH-BIO-171

      Philippines

      x

      —

      —

      x

      —

      —

      PK-BIO-171

      Pakistan

      x

      —

      —

      x

      —

      —

      RS-BIO-171

      Serbia

      x

      —

      —

      x

      —

      —

      RU-BIO-171

      Russia

      x

      —

      —

      x

      —

      —

      RW-BIO-171

      Rwanda

      x

      —

      —

      x

      —

      —

      SA-BIO-171

      Saudi Arabia

      x

      —

      —

      x

      —

      —

      TH-BIO-171

      Thailand

      x

      —

      —

      x

      —

      —

      TR-BIO-171

      Turkey

      x

      —

      —

      x

      —

      —

      TW-BIO-171

      Taiwan

      x

      —

      —

      x

      —

      —

      TZ-BIO-171

      Tanzania

      x

      —

      —

      x

      —

      —

      UA-BIO-171

      Ukraine

      x

      —

      —

      x

      —

      —

      UG-BIO-171

      Uganda

      x

      —

      —

      x

      —

      —

      ZA-BIO-171

      South Africa

      x

      —

      —

      x

      —

      —

    4. 4.

      Exceptions: in-conversion products.

    5. 5.

      Duration of inclusion: until 30 June 2018.

  2. (2)

    in the entry relating to ‘Bioagricert S.r.l’, point 3 is amended as follows:

    1. (a)

      the following rows are inserted in the order of the code numbers:

      AL-BIO-132

      Albania

      x

      —

      —

      x

      x

      —

      BD-BIO-132

      Bangladesh

      x

      —

      —

      x

      —

      —

      ID-BIO-132

      Indonesia

      x

      —

      —

      —

      —

      —

      SN-BIO-132

      Senegal

      x

      —

      —

      —

      —

      —

    2. (b)

      in the row concerning Thailand a cross is added in column E;

  3. (3)

    in the entry relating to ‘Caucacert Ltd’, the title is replaced by ‘Caucascert Ltd’;

  4. (4)

    in the entry relating to ‘CCPB Srl’, point 3 is amended as follows:

    1. (a)

      the following rows are inserted in the order of the code numbers:

      GE-BIO-102

      Georgia

      x

      x

      —

      x

      x

      x

      IR-BIO-102

      Iran

      x

      x

      —

      x

      x

      x

      JO-BIO-102

      Jordan

      x

      x

      —

      x

      x

      x

      SA-BIO-102

      Saudi Arabia

      x

      x

      —

      x

      x

      x

    2. (b)

      in the rows concerning China, Iraq, Mali, Philippines and Syria, a cross is added in column B;

    3. (c)

      in the rows concerning Morocco and Tunisia, a cross is added in column C;

    4. (d)

      in the rows concerning Tunisia, a cross is added in column E;

    5. (e)

      in the rows concerning China, Egypt, Iraq, Lebanon, Morocco, Mali, Philippines, San Marino, Syria and Turkey, a cross is added in columns E and F;

  5. (5)

    in the entry relating to ‘CERES Certification of Environmental Standards GmbH’, point 3 is amended as follows:

    1. (a)

      the following rows are inserted in the order of the code numbers:

      AM-BIO-140

      Armenia

      x

      x

      —

      x

      —

      —

      BY-BIO-140

      Belarus

      x

      —

      —

      x

      —

      —

      MW-BIO-140

      Malawi

      x

      —

      —

      x

      —

      —

      SL-BIO-140

      Sierra Leone

      x

      —

      —

      x

      —

      —

      SO-BIO-140

      Somalia

      x

      —

      —

      x

      —

      —

      TJ-BIO-140

      Tajikistan

      x

      —

      —

      x

      —

      —

    2. (b)

      in the rows concerning Guatemala, Honduras, Nicaragua and El Salvador a cross is added in column B;

  6. (6)

    in the entry relating to ‘Control Union Certifications’, in point 3, the following rows are inserted in the order of the code numbers:

    ‘AO-BIO-149

    Angola

    —

    x

    x

    —

    —

    —

    BI-BIO-149

    Burundi

    x

    x

    x

    x

    x

    x

    BY-BIO-149

    Belarus

    —

    x

    x

    —

    —

    —

    CD-BIO-149

    Democratic Republic of Congo

    —

    x

    x

    x

    —

    —

    DJ-BIO-149

    Djibouti

    —

    x

    x

    —

    —

    —

    ER-BIO-149

    Eritrea

    —

    x

    x

    —

    —

    —

    FJ-BIO-149

    Fiji

    —

    x

    x

    —

    —

    —

    LR-BIO-149

    Liberia

    —

    x

    x

    —

    —

    —

    MG-BIO-149

    Madagascar

    —

    x

    x

    x

    —

    —

    NE-BIO-149

    Niger

    —

    x

    x

    —

    —

    —

    SO-BIO-149

    Somalia

    x

    x

    x

    x

    x

    x

    SS-BIO-149

    South Sudan

    x

    x

    x

    x

    x

    x

    TD-BIO-149

    Chad

    —

    x

    x

    —

    —

    —

    XK-BIO-149

    Kosovo3

    —

    x

    x

    —

    —

    —

    This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’;

  7. (7)

    in the entry relating to ‘Ecocert SA’, point 3 is amended as follows:

    1. (a)

      in the row concerning Mozambique, a cross is added in column B;

    2. (b)

      in the rows concerning Bangladesh, Chile, Hong Kong, Honduras, Peru and Vietnam, a cross is added in column C;

  8. (8)

    the entire entry relating to ‘ECOCERT IMO Denetim ve Belgelendirme Ltd Ști’ is deleted;

  9. (9)

    after the entry relating to ‘Egyptian Center of Organic Agriculture (ECOA)’, the following new entry is inserted:

    “Ekoagros”

    1. 1.

      Address: K. Donelaičio g. 33, 44240 Kaunas, Lithuania

    2. 2.

      Internet address: http://www.ekoagros.lt

    3. 3.

      Code numbers, third countries and product categories concerned:

      Code number

      Third country

      Category of products

      A

      B

      C

      D

      E

      F

      BY-BIO-170

      Belarus

      x

      x

      —

      —

      —

      —

      KZ-BIO-170

      Kazakhstan

      x

      —

      —

      —

      —

      x

      RU-BIO-170

      Russia

      x

      —

      —

      —

      —

      —

      TJ-BIO-170

      Tajikistan

      x

      —

      —

      x

      —

      —

      UA-BIO-170

      Ukraine

      x

      x

      —

      —

      —

      —

    4. 4.

      Exceptions: in-conversion products and wine.

    5. 5.

      Duration of inclusion: until 30 June 2018.

  10. (10)

    in the entry relating to ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’, point 3 is amended as follows:

    1. (a)

      the following rows are inserted in the order of the code numbers:

      JM-BIO-144

      Jamaica

      x

      —

      —

      x

      —

      —

      VN-BIO-144

      Vietnam

      x

      —

      —

      x

      —

      —

    2. (b)

      in the row concerning Ecuador, a cross is added in column D;

  11. (11)

    in the entry relating to ‘IMOswiss AG’, point 3 is amended as follows:

    1. (a)

      the following rows are inserted in the order of the code numbers:

      BI-BIO-143

      Burundi

      x

      —

      —

      x

      —

      —

      BN-BIO-143

      Brunei

      —

      —

      x

      —

      —

      —

      CN-BIO-143

      China

      —

      —

      x

      —

      —

      —

      HK-BIO-143

      Hong Kong

      —

      —

      x

      —

      —

      —

      MG-BIO-143

      Madagascar

      —

      —

      x

      —

      —

      —

      US-BIO-143

      United States

      —

      —

      x

      —

      —

      —

    2. (b)

      in the row concerning United Arab Emirates, a cross is added in column A;

    3. (c)

      in the row concerning Honduras, a cross is added in column C;

    4. (d)

      in the rows concerning Mexico and Peru, a cross is added in column B;

    5. (e)

      the rows concerning Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Uzbekistan, Russia and Tajikistan are deleted;

  12. (12)

    in the entry relating to ‘Kiwa BCS Öko-Garantie GmbH’, point 3 is amended as follows:

    1. (a)

      the following row is inserted in the order of the code numbers:

      ZM-BIO-141

      Zambia

      x

      —

      —

      x

      —

      —

    2. (b)

      in the row concerning Bangladesh, a cross is added in columns C and E;

    3. (c)

      in the rows concerning Hong Kong, Indonesia and Sri Lanka, a cross is added in column C;

    4. (d)

      in the rows concerning Laos, Myanmar/Burma and Thailand, a cross is added in column B;

  13. (13)

    in the entry relating to ‘Mayacert’, point 3 is amended as follows:

    1. (a)

      the following rows are inserted in the order of the code numbers:

      BZ-BIO-169

      Belize

      x

      —

      —

      x

      —

      —

      PE-BIO-169

      Peru

      x

      —

      —

      x

      —

      —

    2. (b)

      in the rows concerning Colombia, Dominican Republic and El Salvador, a cross is added in column A;

    3. (c)

      in the rows concerning Guatemala, Honduras and Nicaragua, a cross is added in column B;

  14. (14)

    in the entry relating to ‘OneCert International PVT Ltd’, in point 3, the following rows are inserted in the order of the code numbers:

    BD-BIO-152

    Bangladesh

    x

    —

    —

    x

    —

    —

    CN-BIO-152

    China

    x

    —

    —

    x

    —

    —

    GH-BIO-152

    Ghana

    x

    —

    —

    x

    —

    —

    KH-BIO-152

    Cambodia

    x

    —

    —

    x

    —

    —

    LA-BIO-152

    Laos

    x

    —

    —

    x

    —

    —

    MM-BIO-152

    Myanmar/Burma

    x

    —

    —

    x

    —

    —

    OM-BIO-152

    Oman

    x

    —

    —

    x

    —

    —

    RU-BIO-152

    Russia

    x

    —

    —

    x

    —

    —

    SA-BIO-152

    Saudi Arabia

    x

    —

    —

    x

    —

    —

  15. (15)

    in the entry relating to ‘Oregon Tilth’, in point 3, in the row concerning Mexico, a cross is added in column E;

  16. (16)

    in the entry relating to ‘Organic Certifiers’, in point 3, the following row is inserted in the order of the code numbers:

    ID-BIO-106

    Indonesia

    x

    —

    —

    x

    —

    —

  17. (17)

    in the entry relating to ‘Organska Kontrola’, in point 3, in all rows, a cross is added in column B;

  18. (18)

    the entire entry relating to ‘QC&I GmbH’ is deleted;

  19. (19)

    the entry relating to ‘Suolo e Salute srl’ is amended as follows:

    1. (a)

      in point 3, the following rows are inserted in the order of the code numbers:

      DO-BIO-150

      Dominican Republic

      x

      —

      —

      x

      —

      —

      EG-BIO-150

      Egypt

      x

      —

      —

      —

      —

      —

    2. (b)

      point 4 is replaced by the following:

      4.

      Exceptions: in-conversion products and wine.