Explanatory note

These Regulations amend retained Council Regulation (EC) No 834/2007 on organic production and labelling of organic products (EUR 2007/834) and its implementing regulations Commission Regulation (EC) No 889/2008 (EUR 2008/889) and Commission Regulation (EC) No 1235/2008 (EUR 2008/1235). Regulation No 1235/2008 implements the rules for imports of organic products from third countries. Currently Annex 1 to the Regulation lists countries and control bodies which comply with UK organic standards, Annex 3 lists countries assessed to have equivalent organic standards, and Annex 4 lists those control bodies assessed to have equivalent organic standards. The Secretary of State has power by regulations to amend each list in certain circumstances.

This instrument omits Annexes 1, 3 and 4 from Regulation 1235/2008 and requires the Secretary of State to publish all three lists online. It provides for the Secretary of State to exercise functions in relation to the lists by administrative act which were previously exercisable by regulations, but does not affect the criteria governing the exercise of those functions.

Regulation 4 amends Commission Regulation 1235/2008 to remove Annexes 1, 3 and 4, and to require the Secretary of State to maintain equivalent lists online. As a transitional provision, the Secretary of State is required to ensure that these lists contain the entries on the corresponding Annex before it was revoked, subject to one alteration in respect of the date on which the recognition of equivalence of the European Union is to expire in Annex 3. The Secretary of State is instead required to set this date as 31 December 2023, reflecting the Trade and Co-operation Agreement with the European Union.

Regulations 2 and 3 make consequential amendments to other instruments arising from the changes made by regulation 4.

The lists are available electronically at www.gov.uk/guidance/importing-and-exporting-organic-food. Hard copies are held and available to view free of charge at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, Westminster, London SW1P 4DF. A person unable to access these arrangements electronically can arrange access to a hard copy while government advice on social distancing and unnecessary travel applies, by telephoning the Department for Environment, Food and Rural Affairs on 020 7270 3000.

A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.