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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

EU Regulation No 1235/2008 · Adopted 8 December 2008 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

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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 2092/91f1, 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 foodstuffsf2. 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 productsf3 approved by Decision 2002/309/EC of the Council and of the Commissionf4. 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 foodstuffsf5. 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:

Annotations to the whole text

Modifications

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Regulation applied (with modifications) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 6, Sch. 3 (with regs. 7, 8)

Footnotes

f1

OJ L 189, 20.7.2007, p. 1.

f2

OJ L 108, 18.4.2008, p. 8.

f3

OJ L 114, 30.4.2002, p. 132.

f4

OJ L 114, 30.4.2002, p. 1.

f5

OJ L 166, 27.6.2008, p. 3.

Contents

  1. Title I: INTRODUCTORY PROVISIONS
  2. 1Subject matter
  3. 2Definitions
  4. Title II: IMPORT OF COMPLIANT PRODUCTS
  5. Chapter 1: List of recognised control bodies and control authorities for the purpose of compliance
  6. 3Compilation and content of the list of recognised control bodies and control authorities for the purpose of compliance
  7. 4Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of compliance
  8. 5Management and review of the list of recognised control bodies and control authorities for the purpose of compliance
  9. Chapter 2: Documentary evidence required for import of compliant products
  10. 6Documentary evidence
  11. Title III: IMPORT OF PRODUCTS PROVIDING EQUIVALENT GUARANTEES
  12. Chapter 1: List of recognised third countries
  13. 7Compilation and content of the list of third countries
  14. 8Procedure for requesting inclusion in the list of third countries
  15. 9Management and review of the list of third countries
  16. Chapter 2: List of recognised control bodies and control authorities for the purpose of equivalence
  17. 10Compilation and content of the list of recognised control bodies and control authorities for the purpose of equivalence
  18. 11Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of equivalence
  19. 12Management and review of the list of control bodies and control authorities for the purpose of equivalence
  20. Chapter 3: Release for free circulation of products imported in accordance with Article 33 of Regulation (EC) No 834/2007
  21. 13Certificate of inspection
  22. 13aForce majeure or exceptional circumstances
  23. 13bImporter
  24. 13cAccess rights
  25. 13dIntegrity and legibility of information
  26. 14Special customs procedures
  27. 15Non-compliant products
  28. Title IV: COMMON RULES
  29. 16Assessment of the requests and publication of the lists
  30. 17Communication
  31. 17aRegulations Repealed
  32. Title V: FINAL AND TRANSITIONAL RULES Repealed
  33. 18Transitional rules on the list of third countries Repealed
  34. 19Transitional rules on equivalent import of products not originating in listed third countries Repealed
  35. 19aTransitional rules on the use of certificates of inspection not issued in TRACES Repealed
  36. 20Repeal Repealed
  37. 21Entry into force Repealed
  38. Signature
  39. Annex ILIST OF CONTROL BODIES AND CONTROL AUTHORITIES FOR THE PURPOSE OF COMPLIANCE AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 3 Repealed
  40. Annex IIAnnex II
  41. Annex IIILIST OF THIRD COUNTRIES AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 7 Repealed
  42. ARGENTINA Repealed
  43. AUSTRALIA Repealed
  44. CANADA Repealed
  45. CHILE Repealed
  46. 1Product categories: Repealed
  47. 2Origin: organically grown ingredients in products of categories A and D that have been grown in Chile or that have been imported into Chile: Repealed
  48. 3Division 3 Repealed
  49. 4Division 4 Repealed
  50. 5Control bodies: Repealed
  51. 6Division 6 Repealed
  52. 7Division 7 Repealed
  53. COSTA-RICA Repealed
  54. EUROPEAN UNION AND EEA STATES Repealed
  55. INDIA Repealed
  56. ISRAEL Repealed
  57. JAPAN Repealed
  58. SWITZERLAND Repealed
  59. TUNISIA Repealed
  60. UNITED STATES Repealed
  61. NEW ZEALAND Repealed
  62. REPUBLIC OF KOREA Repealed
  63. Annex IVLIST OF CONTROL BODIES AND CONTROL AUTHORITIES FOR THE PURPOSE OF EQUIVALENCE AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 10 Repealed
  64. ‘Abcert AG’ Repealed
  65. ‘ A CERT European Organization for Certification S.A. ’ Repealed
  66. ‘ Agreco R.F. Göderz GmbH ’ Repealed
  67. ‘ Agricert — Certificação de Produtos Alimentares LDA ’ Repealed
  68. 1Division 1 Repealed
  69. 2Division 2 Repealed
  70. 3Code numbers, third countries and product categories concerned: Repealed
  71. 4Division 4 Repealed
  72. 5Division 5 Repealed
  73. ‘ Albinspekt ’ Repealed
  74. ‘ARGENCERT SA’ Repealed
  75. ‘ Australian Certified Organic ’ Repealed
  76. ‘ Balkan Biocert Macedonia DOOEL Skopje ’ Repealed
  77. ‘ BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd ’ Repealed
  78. ‘ Beijing Continental Hengtong Certification Co., Ltd ’ Repealed
  79. ‘ Bioagricert S.r.l. ’ Repealed
  80. ‘ BIOCert Indonesia ’ Repealed
  81. ‘ Biocert International Pvt Ltd ’ Repealed
  82. 1Division 1 Repealed
  83. 2Division 2 Repealed
  84. 3Code numbers, third countries and product categories concerned: Repealed
  85. 4Division 4 Repealed
  86. 5Division 5 Repealed
  87. ‘ BioGro New Zealand Limited ’ Repealed
  88. ‘ Bio.inspecta AG ’ Repealed
  89. ‘ Bio Latina Certificadora ’ Repealed
  90. ‘Bolicert Ltd’ Repealed
  91. ‘Bolicert Ltd’ Repealed
  92. ‘ Bureau Veritas Certification France SAS ’ Repealed
  93. ‘ Caucascert Ltd ’ Repealed
  94. ‘ CCOF Certification Services ’ Repealed
  95. ‘ CCPB Srl ’ Repealed
  96. ‘ CERES Certification of Environmental Standards GmbH ’ Repealed
  97. ‘ Certificadora Mexicana de productos y procesos ecológicos S.C. ’ Repealed
  98. ‘ Certisys ’ Repealed
  99. ‘ Company of Organic Agriculture in Palestine (*)’ Repealed
  100. ‘ Control Union Certifications ’ Repealed
  101. ‘ DQS Polska sp. z o.o. ’ Repealed
  102. ‘ Ecocert SA ’ Repealed
  103. ‘ECOCERT IMO Denetim ve Belgelendirme Ltd. Ști’ Repealed
  104. ‘ Ecoglobe ’ Repealed
  105. ‘ Ecovivendi d.o.o. Belgrade ’ Repealed
  106. 1Division 1 Repealed
  107. 2Division 2 Repealed
  108. 3Division 3 Repealed
  109. 4Division 4 Repealed
  110. 5Division 5 Repealed
  111. ‘Egyptian Center of Organic Agriculture (ECOA)’ Repealed
  112. ‘ Ekoagros ’ Repealed
  113. ‘ FairCert Certification Services Pvt Ltd ’ Repealed
  114. ‘ Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS) ’ Repealed
  115. ‘ IBD Certificações Ltda. ’ Repealed
  116. ‘ IMOcert Latinoamérica Ltda. ’ Repealed
  117. ‘ IMO Control Private Limited ’ Repealed
  118. ‘IMOswiss AG’ Repealed
  119. ‘ Indocert ’ Repealed
  120. ‘ Istituto Certificazione Etica e Ambientale ’ Repealed
  121. ‘ Japan Organic and Natural Foods Association ’ Repealed
  122. ‘ Kiwa BCS Öko-Garantie GmbH ’ Repealed
  123. ‘ LACON GmbH ’ Repealed
  124. ‘ Letis S.A. ’ Repealed
  125. ‘ Mayacert ’ Repealed
  126. ‘ NASAA Certified Organic Pty Ltd ’ Repealed
  127. ‘ÖkoP Zertifizierungs GmbH’ Repealed
  128. ‘ OneCert International PVT Ltd ’ Repealed
  129. ‘ Oregon Tilth ’ Repealed
  130. ‘ Organic Agriculture Certification Thailand (ACT) ’ Repealed
  131. ‘Organic Certifiers’ Repealed
  132. ‘ Organic Control System ’ Repealed
  133. ‘ Organic crop improvement association ’ Repealed
  134. ‘ Organic Standard ’ Repealed
  135. ‘ Organización Internacional Agropecuaria ’ Repealed
  136. ‘ Organska Kontrola ’ Repealed
  137. ‘ ORSER ’ Repealed
  138. ‘ Overseas Merchandising Inspection Co., Ltd ’ Repealed
  139. ‘ Q-check ’ Repealed
  140. 1Division 1 Repealed
  141. 2Division 2 Repealed
  142. 3Code numbers, third countries and product categories concerned: Repealed
  143. 4Division 4 Repealed
  144. 5Division 5 Repealed
  145. ‘QC&I GmbH’ Repealed
  146. ‘ Quality Assurance International ’ Repealed
  147. ‘Quality Partner’ Repealed
  148. ‘ Servicio de Certificación CAAE S.L.U. ’ Repealed
  149. ‘ Soil Association Certification Limited ’ Repealed
  150. ‘ Suolo e Salute srl ’ Repealed
  151. ‘ Tse-Xin Organic Certification Corporation ’ Repealed
  152. ‘ TÜV Nord Integra ’ Repealed
  153. ‘ SIA “ Sertifikācijas un testēšanas centrs ” ’ Repealed
  154. 1Division 1 Repealed
  155. 2Division 2 Repealed
  156. 3Code numbers, third countries and product categories concerned: Repealed
  157. 4Division 4 Repealed
  158. 5Division 5 Repealed
  159. Annex VAnnex V
  160. Annex VIAnnex VI
  161. Annex VIIAnnex VII Repealed