Commission Regulation (EC) No 1235/2008Show full title

Article 11 U.K. Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of equivalence

[F1 1. The [F2 Secretary of State] shall consider whether to include a control body or control authority in the list provided for in Article 10 upon receipt of a request thereto from the representative of the control body or control authority concerned on the basis of the model of application made available by the [F2 Secretary of State] in accordance with Article 17(2). F3 ...]

2. The request can be introduced by control bodies and control authorities established in the [F4 United Kingdom] or in a third country.

3. The request for inclusion shall consist of a technical dossier, which shall comprise all the information needed for the [F2 Secretary of State] to ensure that the conditions set out in Article 33(3) of Regulation (EC) No 834/2007 are met for products intended for export to [F5 Great Britain], namely:

(a) an overview of the activities of the control body or control authority in the third country or third countries, including an estimate of the number of operators involved and the expected nature and quantities of agricultural products and foodstuffs intended for export to [F5 Great Britain] under the rules set out in Article 33(1) and (3) of Regulation (EC) No 834/2007;

(b) a description of the production standards and control measures applied in the third countries, including an assessment of the equivalence of these standards and measures with Titles III, IV and V of Regulation (EC) No 834/2007 as well as with the associated implementing rules laid down in Regulation (EC) No 889/2008;

(c) a copy of the assessment report as set out in the fourth subparagraph of Article 33(3) of Regulation (EC) No 834/2007:

(i)

proving that the control body or control authority has been satisfactorily assessed on its ability to meet the conditions set out in Article 33(1) and (3) of Regulation (EC) No 834/2007;

(ii)

confirming that it has effectively implemented its activities according to those conditions; and

(iii)

demonstrating and confirming the equivalence of the production standards and control measures referred to in subparagraph (b) of this paragraph;

(d) proof that the control body or control authority has notified its activities to the authorities of each of the third countries concerned and its undertaking to respect the legal requirements imposed on it by the authorities of each of the third countries concerned;

(e) the Internet website where the list of operators subject to the control system can be found, as well as a contact point where information is readily available on their certification status, the product categories concerned, as well as suspended and decertified operators and products;

(f) an undertaking to comply with the provisions of Article 12;

(g) any other information deemed relevant by the control body or control authority or by the [F2 Secretary of State].

4. When examining a request for inclusion in the list of control body or control authority, and also any time after its inclusion, the [F2 Secretary of State] may request any further information, including the presentation of one or more on-the-spot examination reports established by independent expert. Furthermore, the [F2 Secretary of State] may organise an on-the-spot examination by experts it designates on a risk-based approach and in case of suspected irregularities.

5. The [F2 Secretary of State] shall assess whether the technical dossier referred to in paragraph 2 and the information referred to in paragraph 3 are satisfactory and may subsequently decide to recognise and include a control body or control authority in the list. [F6 If the Secretary of State decides to do so, the Secretary of State must notify the control body or control authority of this decision.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2020/25 of 13 January 2020 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (Text with EEA relevance).

F2 Words in Art. 11 substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 11(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(a), 2(3)

F4 Words in Art. 11(2) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 11(3) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(11)(c) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 5(4)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 11(5) substituted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 4(10)