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 38(d) thereof,

Whereas:

Products imported from a third country can be placed on the Union market as organic if they are covered by a certificate of inspection issued by the competent authorities, control authorities or control bodies of a recognised third country or by a recognised control authority or control body.

In order to ensure compliance with Article 33(1) of Regulation (EC) No 834/2007 and the traceability of the imported products during distribution, including transport form third countries, Commission Regulation (EC) No 1235/2008^f2, as amended by Implementing Regulation (EU) 2020/25^f3, provides that the certificate of inspection is to be issued by the relevant control authority or control body before the consignment leaves the third country of export or origin. That control authority or control body has to sign the declaration in box 18 of the certificate after it has carried out a documentary check on the basis of all relevant inspection documents, including, inter alia, transport documents.

It appears that, in some cases, complete transport documents are not available to the control body in due time to allow that all the transport information is included in the certificate of inspection before the consignment leaves the third country. For that reason, it is appropriate to specify that the information contained in the transport documents has to be checked and included in the certificate of inspection by the relevant control authority or control body within maximum 10 days from the issuance of the certificate, and, in any case, before the endorsement of the certificate by Member State’s authorities.

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

As these amendments are necessary to apply Article 13 of Regulation (EC) No 1235/2008 as amended by Implementing Regulation (EU) 2020/25, this Regulation should apply retroactively from the date of entry into force of Implementing Regulation (EU) 2020/25.

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

HAS ADOPTED THIS REGULATION: