Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 21 June 2021
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Commission Consultation: Rules on official controls for organic products intended for import into the EU. A copy of the draft Regulation is available on this site (click on image). For the full consultation page, see: Consultation - Rules on official controls. The consultation closes on 19 July 2021. |
Summary
These rules will apply from 1 January 2022, listing the categories of organic products exempted from official controls at border control posts and specifying where they can be inspected.
The rules will also amend Regulations (EU) 2019/2123 and (EU) 2019/2124, clarifying that they apply to plants, plant products and other objects currently under their scope, including where such goods are organic products subject to controls at border posts pursuant to Article 45(5) of Regulation (EU) 2018/848.
The following are the introductory recitals in the draft regulation:
Regulation (EU) 2018/848 of the European Parliament and of the Council [see Note 1 below] establishes the principles of organic production and lays down the rules concerning organic production, related certification and the use of indications referring to organic production in labelling and advertising, conditions and measures for the import into the Union of products for the purpose of placing on the market within the Union as organic products or in-conversion products, as well as rules on controls additional to those laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council [see Note 2 below] on Official Controls (Official Controls Regulation).
Pursuant to Article 45(5) of Regulation (EU) 2018/848, compliance with the conditions and measures for the import of organic products and in-conversion products referred to in that Regulation must be ascertained at border control posts, in accordance with Article 47(1) of Regulation (EU) 2017/625.
Regulation (EU) 2017/625 establishes the framework for official controls and other official activities to verify the correct application of Union agri-food chain legislation. This includes official controls performed on animals and goods entering the Union from third countries.
Article 47(1) of Regulation (EU) 2017/625 specifies the categories of animals and goods on which competent authorities are to perform official controls at border control posts of first arrival into the Union. Organic and in-conversion products referred to in Article 45(5) of Regulation (EU) 2018/848 fall within the categories of animals and goods referred to in Article 47(1), point (f), of Regulation (EU) 2017/625.
Article 48(h) of Regulation (EU) 2017/625 provides that animals and goods posing low risk or no specific risk may be exempted from official controls at border control posts. According to Article 77(1)(k) of Regulation (EU) 2017/625, arrangements for specific official controls might be laid down in delegated acts for those animals and goods exempted from official controls at border control posts.
Commission Delegated Regulation (EU) 2019/2123 [see Note 3 below] lays down rules for cases where and conditions under which competent authorities may perform identity checks and physical checks at a control point other than the border control post on consignments of certain food and feed of non-animal origin, subject to the measures provided for in the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625, and on consignments of certain plants, plant products and other objects, as well as rules for cases where and conditions under which competent authorities may perform documentary checks at distance from a border control post on consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council [seeNote 4 below].
Commission Delegated Regulation (EU) 2019/2124 [see Note 5 below] lays down rules establishing the cases where and the conditions under which, the competent authorities at border control posts may authorise the onward transportation to the place of final destination in the Union pending the availability of the results of laboratory analyses and tests of consignments of certain plants, plant products, and other objects and of food and feed of non-animal origin subject to the measures provided for by the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625.
The purpose of this Regulation is to lay down the cases where and the conditions under which certain organic products and in-conversion products entering the Union from third countries that pose a low risk or no specific risk to human, animal or plant health, animal welfare or to the environment, are exempted from official controls at border control posts, as well as rules on the place where the official controls for such exempted products are to be carried out.
This Regulation also amends Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124. The amendment ensures that Regulations (EU) 2019/2123 and (EU) 2019/2124 apply to plants, plant products and other objects currently under their scope, including where such goods are organic products or in-conversion products subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848. However, the amendment to Delegated Regulation (EU) 2019/2123 does not apply Delegated Regulation (EU) 2019/2123 to documentary or to identity and physical checks to verify compliance with the rules on organic production and labelling of organic products, referred to in Article 1(2), point (i), of Regulation (EU) 2017/625.
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