Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 14 June 2021
Draft for consultation: COMMISSION IMPLEMENTING REGULATION supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council with rules on the official controls in respect of consignments of organic products and in-conversion products intended for import into the Union and on the certificate of inspection. 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 - Inspection . 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, if that product complies with Union rules on organic production or with the equivalent production and control rules of a third country as referred to in Article 48 of that Regulation that has been recognised under Article 33(2) of Council Regulation (EC) No 834/2007 [see Note 1 below], or has been subject to controls by a control authority or control body as referred to in Article 57 of Regulation (EU) 2018/848 that has been recognised under Article 33(3)of Regulation (EC) No 834/2007.
In order to allow the competent authorities in the Member States to check the compliance of the imported products with Regulation (EU) 2018/848, each consignment should be covered by a certificate of inspection issued by the control authority or control body in the third country after having carried out the relevant verifications of the consignments. Those verifications should always include a documentary check and, according to the risk, a physical check of the consignment.
It is necessary to lay down rules with regard to the content of the certificate of inspection, the way it is issued and the technical means used for its issuance. Those rules should also cover the obligations of the competent authorities in the Member States as regards the extract of the certificate of inspection.
The official controls performed on products intended to be placed on the Union market as organic products or in-conversion products for the verification of their compliance with Regulation (EU) 2018/848 are part of the official controls carried out in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council [see Note 2 below]
It is necessary to lay down additional rules in order to clarify the criteria and conditions for the performance of official controls before the release for free circulation in the Union of organic products and in-conversion products subject to official controls at border control posts in accordance with Article 45(5) of Regulation (EU) 2018/848. Those rules should also cover products exempted from official controls at border control posts pursuant to Commission Delegated Regulation (EU) 2021/xxx [see Note 3 below] [DA SANTE].
Certain specific rules on official controls as regards consignments placed under special customs procedures should be laid down.
In addition, the obligations of control authorities and control bodies issuing the certificate of inspection in cases of unavailability of the Trade Control and Expert System (TRACES) referred to in Article 2, point (36), of Commission Implementing Regulation (EU) 2019/1715 [see Note 4 below] should be laid down.
Furthermore, it is necessary to lay down rules on situations where competent authorities, control authorities or control bodies in third countries are required to carry out an investigation after the notification of cases of suspected or established non-compliance with Regulation (EU) 2018/848 found during the verification of the consignment by the competent authority of the Member States.
The use of the qualified electronic seal in TRACES for the issuance of the certificate of inspection in third countries and for the endorsement of that certificate, and of extracts thereof, by the competent authorities of the Member States might not be feasible before 1 July 2022. It is therefore necessary to lay down transitional provisions for the use of hand-signed paper certificates of inspection, and extracts thereof, to apply until 30 June 2022 as an alternative to the use of electronic certificates of inspection, and extracts thereof, bearing a qualified electronic seal.
Currently, rules on the certificate of inspection and extracts of the certificate of inspection for the purposes of Regulation (EC) No 834/2007 are laid down in Commission Regulation (EC) No 1235/2008 [see Note 5 below]. As this Regulation and Commission Implementing Regulation (EU) 2021/xxxx [see Note 6 below] [IA COI] lay down rules for the purposes of Regulation (EU) 2018/848, Regulation (EC) No 1235/2008 should be repealed.
In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848.
Notes:
