Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 14 June 2021
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Draft for consultation: COMMISSION IMPLEMENTING REGULATION laying down rules on documents and notifications required for organic and inconversion products intended for import into the Union. A copy of this document is available on this site (click on image). In addition a draft annex is also available. For more details, see the consultation page at: Consultation - Organics - Imports. The consultation closes on 12 July 2021. |
Summary
This initiative establishes certain rules for the import of organic products into the EU, notably:
The following are the introductory recitals in the draft regulation:
In accordance with Article 45(1) of Regulation (EU) 2018/848, a product may be imported from a third country for the purpose of placing that product on the market within the Union as an organic product or as an in-conversion product. Therefore, it is necessary to lay down detailed rules for certain operators in the Union in respect of consignments at the entry into the Union and after the release for free circulation in the Union of a consignment or of a part of a consignment. Those operators are the importers who present the consignment for release for free circulation in the Union and the first consignees and consignees who will receive the consignment or a part of the consignment.
With a view to organising a system of official controls on consignments ensuring traceability, the importer should give prior notification of the arrival of a consignment to the competent authority and its own control authority or control body by submitting the relevant information on the certificate of inspection provided for in Commission Delegated Regulation (EU) 2021/xxx [see Note below] [delegated act on the certificate of inspection to be adopted pursuant to 38(8)(a)(ii), 46(7)(b), 48(4) and 57(3) of Regulation (EU) 2018/848 (DA COI)].
In addition, it is necessary to lay down detailed rules with regard to the content of the extract of the certificate of inspection as well as with regard to the technical means by which it is to be issued.
The importer, the first consignee and the consignee should provide the certificate of inspection or the extract of the certificate of inspection upon request of the control authorities or control bodies. It is necessary to lay down additional obligations as regards the information to be included by the importer, the first consignee and the consignee, respectively, in the description of the organic or in-conversion production unit referred to in Article 39(1), point (d)(i), of Regulation (EU) 2018/848.
To ensure that cases of non-compliance are followed up properly, information on any suspected or established non-compliance found during the verification carried out by the competent authority of a Member State on a consignment should be shared between the Member States and the Commission using the Organic Farming Information System.
In relation to the paper certificate of inspection and to the paper extract of certificatesof inspection, endorsed on paper with a hand signature in accordance with Delegated Regulation (EU) 2021/xxx [DA COI], it is necessary to lay down transitional requirements for the use of such a certificate and extracts thereof by the first consignee and the consignee, as well as the requirement for such a certificate and extracts thereof to accompany the goods to the premises of the first consignee and of the consignee.
In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848.
The measures provided for in this Regulation are in accordance with the opinion of the Organic Production Committee.
Note:
