Commission Implementing Regulation (EU) 2017/2329
of 14 December 2017
amending and correcting 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,
Whereas:
According to information provided by Costa Rica, the names of the control bodies ‘Kiwa BCS Öko-Garantie GmbH’, ‘Control Union Certifications’ and ‘Primus lab’ have been changed to ‘Kiwa BCS Costa Rica Limitada’, ‘Control Union Perú’ and ‘PrimusLabs.com CR S.A.’ respectively. Costa Rica has also informed the Commission that the ‘Servicio Fitosanitario del Estado, Ministerio de Agricultura y Ganadería’ is no longer a control body and that the other control bodies are the certification issuing bodies, and not the Ministry of Agriculture.
Japan has informed the Commission that its competent authority has added two control bodies, namely Japan Food Research Laboratories and Leafearth Company, to the list of control bodies recognised by Japan and that the names of ‘Bureau Veritas Japan, Inc.’ and ‘Hyogo prefectural Organic Agriculture Society (HOAS)’ and the internet address of ‘Organic Certification Association’ have changed.
According to information provided by New Zealand, the internet address of the competent authority has changed.
The Republic of Korea has informed the Commission that its competent authority has added the control body ‘Industry-Academic Cooperation Foundation, SCNU’ to the list of control bodies recognised by the Republic of Korea.
The duration of the inclusion of the Republic of Korea in the list in Annex III to Regulation (EC) No 1235/2008 ends on 31 January 2018. Given that the Republic of Korea continues to satisfy the conditions laid down in Article 33(2) of Regulation (EC) No 834/2007, the inclusion should be prolonged for an unspecified period.
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.
The duration of the recognition in accordance with Article 33(3) of Regulation (EC) No 834/2007 of the control bodies listed in Annex IV to Regulation (EC) No 1235/2008 ends on 30 June 2018. Based on the results of the continuous supervision carried out by the Commission, the recognition of those control bodies should be extended until 30 June 2021.
‘Albinspekt’ has notified the Commission of the change of its address.
The Commission has received and examined a request from ‘BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd’ 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 ‘BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd’ for product categories A and D in respect of Turkey.
The Commission has received and examined a request from ‘BIOCert Indonesia’ 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 ‘BIOCert Indonesia’ for Indonesia for product categories A and D.
The Commission has received and examined a request from ‘bio.inspecta 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 categories A and D to Afghanistan, China and Nepal.
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 Albania, Algeria, the United Arab Emirates and South Africa, for product category A to Uganda, for product categories A and D to Afghanistan, Armenia, Ethiopia, Ghana, Nigeria, Senegal and Uzbekistan, for product categories A, D and E to Belarus, Kazakhstan, Moldova, Russia, Serbia, Thailand, Tajikistan and Turkmenistan, for product categories A, B, D and E to Azerbaijan, Kyrgyzstan and Ukraine, for products categories A, B and D to Qatar and for product category D to Tunisia.
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 Brunei, Cook Islands, French Polynesia, Georgia, Grenada, Guyana, Jordan, Kuwait, Lebanon, Papua New Guinea, Sao Tome and Principe, Seychelles, Tajikistan, Turkmenistan and Venezuela, for product categories B, C, D (only wine) and E to Australia, for product categories C and E to New Zealand, for product category B to Tonga and Tunisia and for product category F to Tuvalu.
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 categories D (wine) and E to Argentina, to extend the recognition for Japan, Kyrgyzstan and Zimbabwe to product category B, the recognition for Georgia and Mozambique to product category E, and the recognition for Paraguay and Uruguay to product category F.
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 Bolivia, Colombia and Laos, for product categories A, C, D and E to Chile, for product category D to Costa Rica and for product categories C and D (processed aquaculture products) to the United States.
‘IMOswiss AG’ has informed the Commission that it will cease its certification activities in all third countries for which it is recognised as of 1 January 2018 and should no longer be listed in Annex IV to Regulation (EC) No 1235/2008 as from that date.
‘Kiwa BCS Öko-Garantie GmbH’ has notified the Commission of the change of its internet address.
The Commission has received and examined a request from ‘Letis S.A’ 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 Afghanistan, Ethiopia, Iran, Kazakhstan, Moldova, Pakistan, Russia, Tajikistan, Turkey and Ukraine.
‘Organic agriculture certification Thailand’ has notified the Commission of the change of its name to ‘Organic Agriculture Certification Thailand (ACT)’ and of the change of its address.
The Commission has received and examined a request from ‘Organic Control System’ 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 Bosnia and Herzegovina.
The Commission has received and examined a request from ‘Organic Standard’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the recognition for Kazakhstan, Kyrgyzstan, Moldova and Russia to product category B and to extend its recognition to wine.
The Commission has received and examined a request from ‘ORSER’ 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 Azerbaijan, Bosnia and Herzegovina, Georgia, Iran, Kazakhstan, Kyrgyzstan and Nepal.
The Commission has received and examined a request from ‘Servicio de Certificación CAAE S.L.U.’ 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 ‘Servicio de Certificación CAAE S.L.U.’ for product categories A and D in respect of Bolivia, Ecuador, Mexico, Morocco, Peru and Turkey.
The Commission has received and examined a request from ‘Tse-Xin Organic Certification Corporation’ 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 ‘Tse-Xin Organic Certification Corporation’ for product categories A and D in respect of Taiwan.
The DAkkS, an accreditation organisation in the field of organic agriculture, has informed the Commission that it has decided to suspend its accreditation of ‘Egyptian Center of Organic Agriculture (ECOA)’. Pursuant to Article 12(1)(c) of Regulation (EC) No 1235/2008, the Commission may at any time suspend the entry of a control body from the list in Annex IV to that Regulation, either in the light of the information received or where the control body has not supplied information required. ‘Egyptian Center of Organic Agriculture (ECOA)’ was invited by the Commission to provide a valid accreditation certificate and to take appropriate and timely remedial action in accordance with the requirements of Regulation (EC) No 834/2007, but did not reply satisfactorily within the deadline set. The entry of ‘Egyptian Center of Organic Agriculture (ECOA)’ should therefore be suspended in Annex IV to Regulation (EC) No 1235/2008 until satisfactory information is provided.
Annexes III, IV and V to Regulation (EC) No 1235/2008 should therefore be amended and corrected accordingly.
The deletion of ‘IMOcert Latinoamérica Ltda’ should apply retroactively from the date of entry into force of Implementing Regulation (EU) 2017/872 and the deletion of ‘IMOswiss AG’ should apply from 1 January 2018.
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)
Annex III is amended in accordance with Annex I to this Regulation;
- (2)
Annex IV is amended and corrected in accordance with Annex II to this Regulation;
- (3)
Annex V is corrected in accordance with Annex III 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.
Point (12) of Annex II shall apply from 12 June 2017.
Point (13) of Annex II shall apply from 1 January 2018.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2017.
For the Commission
The President
Jean-Claude Juncker
ANNEX I
Annex III to Regulation (EC) No 1235/2008 is amended as follows:
- (1)
The entry relating to Costa Rica is amended as follows:
- (a)
in point 5, the row relating to code number CR-BIO-001 is deleted and the rows relating to code numbers CR-BIO-002, CR-BIO-004 and CR-BIO-006 are replaced by the following:
‘CR-BIO-002
Kiwa BCS Costa Rica Limitada
www.kiwa.lat
CR-BIO-004
Control Union Perú
www.cuperu.com
CR-BIO-006
PrimusLabs.com CR S.A.
www.primusauditingops.com’
- (b)
point 6 is replaced by the following:
‘6.
Certificate issuing bodies: as at point 5.’
- (a)
- (2)
In the entry relating to Japan, point 5 is amended as follows
- (a)
the rows relating to code numbers JP-BIO-001, JP-BIO-007 and JP-BIO-018 are replaced by the following:
‘JP-BIO-001
Hyogo prefectural Organic Agriculture Society, HOAS
www.hyoyuken.org
JP-BIO-007
Bureau Veritas Japan Co., Ltd
http://certification.bureauveritas.jp/cer-business/jas/nintei_list.html
JP-BIO-018
Organic Certification Association
http://yuukinin.org/index.html’
- (b)
the following rows are added:
‘JP-BIO-036
Japan Food Research Laboratories
http://www.jfrl.or.jp/jas.html
JP-BIO-037
Leafearth Company
http://www.leafearth.jp/’
- (a)
- (3)
In the entry relating to New Zealand, point 4 is replaced by the following:
‘4.Competent authority: Ministry for Primary Industries (MPI)
http://www.mpi.govt.nz/exporting/food/organics/’
- (4)
The entry relating to the Republic of Korea is amended as follows:
- (a)
in point 5, the following row is added:
‘KR-ORG-024
Industry-Academic Cooperation Foundation, SCNU
http://siacf.scnu.ac.kr/web/siacf/home’
- (b)
point 7 is replaced by the following:
‘7.
Duration of the inclusion: unspecified.’
- (a)
ANNEX II
Annex IV to Regulation (EC) No 1235/2008 is amended and corrected as follows:
- (1)
Throughout the Annex, in point 5 of all entries, the date of ‘30 June 2018’ is replaced by ‘30 June 2021’.
- (2)
In the entry relating to ‘Albinspekt’, point 1 is replaced by the following:
‘1.
Address: “Rr. Kavajes”, Nd.132, Hy.9, Kati 8, Ap.43 (Perballe pallatit me shigjeta), Tirana, Albania’
- (3)
After the entry relating to ‘Balkan Biocert Skopje’, the following new entry is inserted:
‘“BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd”
- 1.
Address: Atatürk Mahallesi 1014 Sokak No:9/5, 35920 Selçuk-ZMR, Turkey
- 2.
Internet address: http://basakekolojik.com.tr
- 3.
Code numbers, third countries and product categories concerned:
Code number
Third country
Category of products
A
B
C
D
E
F
TU-BIO-175
Turkey
x
—
—
x
—
—
- 4.
Exceptions: in-conversion products and wine.
- 5.
Duration of inclusion: until 30 June 2021.’
- 1.
- (4)
After the entry relating to ‘Bioagricert S.r.l.’, the following new entry is inserted:
‘“BIOCert Indonesia”
- 1.
Address: Jl. Perdana Raya Budi Agung Ruko A1 Cimanggu Residence, 16165 Bogor, Indonesia
- 2.
Internet address: http://www.biocert.co.id
- 3.
Code numbers, third countries and product categories concerned:
Code number
Third country
Category of products
A
B
C
D
E
F
ID-BIO-176
Indonesia
x
—
—
x
—
—
- 4.
Exceptions: in-conversion products and wine.
- 5.
Duration of inclusion: until 30 June 2021.’
- 1.
- (5)
In the entry relating to ‘Bio.inspecta AG’, in point 3, the following rows are inserted in the order of the code numbers:
‘AF-BIO-161
Afghanistan
x
—
—
x
—
—
CN-BIO-161
China
x
—
—
x
—
—
NP-BIO-161
Nepal
x
—
—
x
—
—’
- (6)
After the entry relating to ‘Bio Latina Certificadora’, the following new entry is inserted:
‘“Bolicert Ltd”
- 1.
Address: Street Colon 756, floor 2, office 2A, Edif. Valdivia Casilla 13030, La Paz, Bolivia
- 2.
Internet address: http://www.bolicert.org
- 3.
Code numbers, third countries and product categories concerned:
Code number
Third country
Category of products
A
B
C
D
E
F
BO-BIO-126
Bolivia
x
—
—
x
—
—
- 4.
Exceptions: in-conversion products and wine.
- 5.
Duration of inclusion: until 30 June 2021.’
- 1.
- (7)
In the entry relating to ‘CCPB Srl’:
- (a)
in point 3, the following rows are inserted in the order of the code numbers:
‘AE-BIO-102
United Arab Emirates
x
x
—
x
x
x
AF-BIO-102
Afghanistan
x
—
—
x
—
—
AL-BIO-102
Albania
x
x
—
x
x
x
AM-BIO-102
Armenia
x
—
—
x
—
—
AZ-BIO-102
Azerbaijan
x
x
—
x
x
—
BY-BIO-102
Belarus
x
—
—
x
x
—
DZ-BIO-102
Algeria
x
x
—
x
x
x
ET-BIO-102
Ethiopia
x
—
—
x
—
—
GH-BIO-102
Ghana
x
—
—
x
—
—
KG-BIO-102
Kyrgyzstan
x
x
—
x
x
—
KZ-BIO-102
Kazakhstan
x
—
—
x
x
—
MD-BIO-102
Moldova
x
—
—
x
x
—
NG-BIO-102
Nigeria
x
—
—
x
—
—
QA-BIO-102
Qatar
x
x
—
x
—
—
RS-BIO-102
Serbia
x
—
—
x
x
—
RU-BIO-102
Russia
x
—
—
x
x
—
SN-BIO-102
Senegal
x
—
—
x
—
—
TH-BIO-102
Thailand
x
—
—
x
x
—
TJ-BIO-102
Tajikistan
x
—
—
x
x
—
TM-BIO-102
Turkmenistan
x
—
—
x
x
—
UA-BIO-102
Ukraine
x
x
—
x
x
—
UG-BIO-102
Uganda
x
—
—
—
—
—
UZ-BIO-102
Uzbekistan
x
—
—
x
—
—
ZA-BIO-102
South Africa
x
x
—
x
x
x’
- (b)
in the row concerning Tunisia, a cross is added in column D;
- (c)
point 4 is replaced by the following:
‘4.
Exceptions: in-conversion products and products covered by Annex III.’
- (a)
- (8)
The entry relating to ‘Control Union Certifications’ is amended as follows:
- (a)
in point 3, the following rows are inserted in the order of the code numbers:
‘AU-BIO-149
Australia
—
x
x
x
x
—
BN-BIO-149
Brunei
x
x
x
x
x
x
CK-BIO-149
Cook Islands
x
x
x
x
x
x
GD-BIO-149
Grenada
x
x
x
x
x
x
GE-BIO-149
Georgia
x
x
x
x
x
x
GY-BIO-149
Guyana
x
x
x
x
x
x
JO-BIO-149
Jordan
x
x
x
x
x
x
KW-BIO-149
Kuwait
x
x
x
x
x
x
LB-BIO-149
Lebanon
x
x
x
x
x
x
NZ-BIO-149
New Zealand
—
—
x
—
x
—
PF-BIO-149
French Polynesia
x
x
x
x
x
x
PG-BIO-149
Papua New Guinea
x
x
x
x
x
x
SC-BIO-149
Seychelles
x
x
x
x
x
x
ST-BIO-149
Sao Tome and Principe
x
x
x
x
x
x
TJ-BIO-149
Tajikistan
x
x
x
x
x
x
TM-BIO-149
Turkmenistan
x
x
x
x
x
x
TN-BIO-149
Tunisia
—
x
—
—
—
—
TO-BIO-149
Tonga
—
x
—
—
—
—
TV-BIO-149
Tuvalu
—
—
—
—
—
x
VE-BIO-149
Venezuela
x
x
x
x
x
x’
- (b)
point 4 is replaced by the following:
‘4.
Exceptions: in-conversion products and products covered by Annex III.’
- (a)
- (9)
In the entry relating to ‘Ecocert SA’, point 3 is amended as follows:
- (a)
the following row is inserted in the order of the code numbers:
‘AR-BIO-154
Argentina
—
—
—
x
x
—’
- (b)
in the rows concerning Georgia and Mozambique, a cross is added in column E;
- (c)
in the rows concerning Japan, Kyrgyzstan and Zimbabwe, a cross is added in column B;
- (d)
in the rows concerning Paraguay and Uruguay, a cross is added in column F.
- (a)
- (10)
The entry relating to ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’ is amended as follows:
- (a)
in point 3, the following rows are inserted in the order of the code numbers:
‘BO-BIO-144
Bolivia
x
—
—
x
—
—
CL-BIO-144
Chile
x
—
x
x
x
—
CO-BIO-144
Colombia
x
—
—
x
—
—
CR-BIO-144
Costa Rica
—
—
—
—
x
—
LA-BIO-144
Laos
x
—
—
x
—
—
US-BIO-144
United States
—
—
x
x
—
—’
- (b)
point 4 is replaced by the following:
‘4.
Exceptions: in-conversion products, wine and products covered by Annex III.’
- (a)
- (11)
The entry relating to the ‘Egyptian Center of Organic Agriculture (ECOA)’ is deleted.
- (12)
In the entry relating to ‘IMOcert Latinoamérica Ltda.’, in point 3, the rows relating to Argentina and Costa Rica are replaced by the following:
‘AR-BIO-123
Argentina
—
—
—
x
—
—
CR-BIO-123
Costa Rica
—
x
—
x
—
—’
- (13)
The entry relating to ‘IMOswiss AG’ is deleted.
- (14)
In the entry relating to ‘Kiwa BCS Öko-Garantie GmbH’, point 2 is replaced by the following:
‘2.
Internet address: www.kiwabcs-oeko.com’
- (15)
In the entry relating to ‘Letis S.A’, in point 3, the following rows are inserted in the order of the code numbers:
‘AF-BIO-135
Afghanistan
x
—
x
—
—
ET-BIO-135
Ethiopia
x
—
x
—
—
IR-BIO-135
Iran
x
—
x
—
—
KZ-BIO-135
Kazakhstan
x
—
x
—
—
MD-BIO-135
Moldova
x
—
x
—
—
PK-BIO-135
Pakistan
x
—
x
—
—
RU-BIO-135
Russia
x
—
x
—
—
TJ-BIO-135
Tajikistan
x
—
x
—
—
TR-BIO-135
Turkey
x
—
x
—
—
UA-BIO-135
Ukraine
x
—
x
—
—’
- (16)
The entry relating to ‘Organic agriculture certification Thailand’, is amended as follows:
- (a)
the name is replaced by the following:
‘Organic Agriculture Certification Thailand (ACT)’
- (b)
point 1 is replaced by the following:
‘1.
Address: 102 Moo 2, Soi Ngamwongwan 23, Ngamwongwan Road, Muang District, Nonthaburi 11000, Thailand’
- (a)
- (17)
In the entry relating to ‘Organic Control System’, in point 3, the following row is inserted in the order of the code numbers:
‘BA-BIO-162
Bosnia and Herzegovina
x
—
—
x
—
—’
- (18)
The entry relating to ‘Organic Standard’ is amended as follows:
- (a)
in point 3, in the rows concerning Kyrgyzstan, Kazakhstan, Moldova and Russia, a cross is added in column B;
- (b)
point 4 is replaced by the following:
‘4.
Exceptions: in-conversion products.’
- (a)
- (19)
In the entry relating to ‘Organska Kontrola’, in point 3, the following row is inserted in the order of the code numbers:
‘XK-BIO-101
Kosovo7x
x
—
x
—
—
- (20)
In the entry relating to ‘ORSER’, in point 3, the following rows are inserted in the order of the code numbers:
‘AZ-BIO-166
Azerbaijan
x
—
—
x
—
—
BA-BIO-166
Bosnia and Herzegovina
x
—
—
x
—
—
GE-BIO-166
Georgia
x
—
—
x
—
—
IR-BIO-166
Iran
x
—
—
x
—
—
KG-BIO-166
Kyrgyzstan
x
—
—
x
—
—
KZ-BIO-166
Kazakhstan
x
—
—
x
—
—
NP-BIO-166
Nepal
x
—
—
x
—
—’
- (21)
After the entry relating to ‘Quality Partner’, the following new entry is inserted:
‘“Servicio de Certificación CAAE S.L.U.”
- 1.
Address: Avenida Emilio Lemos, 2 mod. 603, 41020 Seville, Spain
- 2.
Internet address: http://www.caae.es
- 3.
Code numbers, third countries and product categories concerned:
Code number
Third country
Category of products
A
B
C
D
E
F
BO-BIO-178
Bolivia
x
—
—
x
—
—
EC-BIO-178
Ecuador
x
—
—
x
—
—
MA-BIO-178
Morocco
x
—
—
x
—
—
MX-BIO-178
Mexico
x
—
—
x
—
—
PE-BIO-178
Peru
x
—
—
x
—
—
TR-BIO-178
Turkey
x
—
—
x
—
—
- 4.
Exceptions: in-conversion products.
- 5.
Duration of inclusion: until 30 June 2021.’
- 1.
- (22)
After the entry relating to ‘Suolo e Salute srl’, the following new entry is inserted:
‘“Tse-Xin Organic Certification Corporation”
- 1.
Address: 7F., No 75, Sec.4, Nanjing E. R., Songshan Dist., Taipei City 105, Taiwan (R.O.C.)
- 2.
Internet address: http://www.tw-toc.com/en
- 3.
Code numbers, third countries and product categories concerned:
Code number
Third country
Category of products
A
B
C
D
E
F
TW-BIO-174
Taiwan
x
—
—
x
—
—
- 4.
Exceptions: in-conversion products and wine.
- 5.
Duration of inclusion: until 30 June 2021.’
- 1.
ANNEX III
In Annex V to Regulation (EC) No 1235/2008, in the note relating to box 12, the reference to ‘box 24’ is replaced by ‘box 21’.