Introductory text

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 2092/91^f1, and in particular Article 33(3) and Article 38(d) thereof,

Whereas:

Pursuant to Article 10 of Commission Regulation (EC) No 1235/2008^f2 the Commission is to draw up a list of control bodies and control authorities competent to carry out controls and issue certificates in third countries for the purpose of equivalence and is to publish that list in Annex IV to that Regulation.

The Commission has examined the requests for inclusion in that list received by 31 October 2009 and has considered only complete requests. The control bodies and control authorities concerned were asked to provide additional information within 2 months in order to allow the Commission to verify whether or not they complied with the requirements of Article 11 of Regulation (EC) No 1235/2008. Only those control bodies and control authorities in respect of which the subsequent examination of all information received led to the conclusion that they complied with those requirements should be included in the list in Annex IV to Regulation (EC) No 1235/2008.

Due to the large number of requests from control bodies and control authorities for which additional information has been asked, the assessment of the requests and the establishment of the first list took more time than foreseen. In the light of experience, Member States should be allowed to continue to grant import authorisations, but those authorisations should have a maximum duration of validity, and the Member States should be allowed a longer period during which they may continue to grant those authorisations.

During the assessment of the requests, difficulties can arise in understanding the circumstances where a control body or a control authority may be withdrawn from the list pursuant to Article 12(2) of Regulation (EC) No 1235/2008. In order to avoid further difficulties, it is necessary to clarify those circumstances. However, those clarifications should not impose any new obligation on the control bodies or control authorities.

The experience has shown that difficulties can arise in interpreting the consequences of irregularities or infringements affecting the organic status of a product. In order to avoid further difficulties and to clarify the link between Regulation (EC) No 1235/2008 as amended by this Regulation and the other provisions in force as regards imports of organic products from third countries, it therefore appears necessary to recall the duties of the control body or control authority of Member States as regards non-compliant products imported in accordance with Article 33(3) of Regulation (EC) No 834/2007. However, that clarification should not impose any new obligations on the control body or control authority and Member States.

In order to ensure the smooth transition from the system of national authorisations to the list of control bodies and control authorities competent to carry out controls and issue certificates in third countries for the purpose of equivalence, this Regulation should apply from 1 July 2012.

Regulation (EC) No 1235/2008 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION: