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

Article 12 U.K. Management and review of the list of control bodies and control authorities for the purpose of equivalence

1. A control body or control authority may only be included in the list referred to in Article 10 when it fulfils the following obligations:

(a) if, after a control body or control authority has been included in the list, any changes are made to the measures applied by the control body or control authority, that control body or control authority shall notify the [F1 Secretary of State] thereof; requests to amend the information in respect of a control body or authority referred to in Article 10(2), shall also be notified to the [F1 Secretary of State];

(b) by [F2 28 February] every year, the control body or control authority shall send a concise annual report to the [F1 Secretary of State]. The annual report shall update the information of the technical dossier referred to in Article 11(3); it shall describe in particular the control activities carried out by the control body or control authority in the third countries in the previous year, the results obtained, the irregularities and infringements observed and the corrective measures taken; It shall furthermore contain the most recent assessment report or update of such report, which shall contain the results of the regular on-the-spot evaluation, surveillance and multiannual reassessment as referred to in Article 33(3) of Regulation (EC) No 834/2007; the [F1 Secretary of State] may request any other information deemed necessary;

(c) in the light of any information received, the [F1 Secretary of State] may at any time amend the specifications relating to the control body or control authority and may suspend the entry of that body or authority from the list referred to in Article 10; a similar decision may also be made where a control body or control authority has not supplied information required or where it has not agreed to an on-the-spot examination;

(d) the control body or control authority shall make available to interested parties, by electronic means, a continuously updated list of operators, and of products certified as organic.

[F3 2. [F4 The Secretary of State may F5 ... withdraw from the list referred to in Article 10 a control body or a control authority, or a reference to a specific product category or a specific third country in relation to that control body or control authority, in the following cases:]

(a) if its annual report referred to paragraph 1(b) has not been received by the [F1 Secretary of State] by [F2 28 February];

(b) if it does not notify the [F1 Secretary of State] in due time of changes to its technical dossier;

(c) if it does not provide information to the [F1 Secretary of State] during the investigations of an irregularity case;

(d) if it fails to take adequate corrective measures in response to the irregularities and infringements observed;

(e) if it does not agree to an on-the-spot examination required by the [F1 Secretary of State], or if an on-the-spot examination comes up with a negative result due to systematic malfunctioning of control measures;

(f) in any other situation presenting the risk for the consumer to be misled about the true nature of the products certified by the control body or the control authority.

If a control body or a control authority fails to take appropriate and timely remedial action after request by the [F1 Secretary of State] within a period which the [F1 Secretary of State] shall determine according to the severity of the problem and which generally may not be less than 30 days, [F6 the Secretary of State must F7 ... withdraw it from the list without delay]. F8 ... The [F1 Secretary of State] shall make the amended list available as soon as possible to the public by any appropriate technical means, including publication on the Internet.]

Textual Amendments

F1 Words in Art. 12 substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Substituted by Commission Implementing Regulation (EU) No 586/2013 of 20 June 2013 amending 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 and derogating from Regulation (EC) No 1235/2008 as regards the date of submission of the annual report (Text with EEA relevance).

F3 Substituted by Commission Implementing Regulation (EU) No 1267/2011 of 6 December 2011 amending 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.

F4 Words in Art. 12(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(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 12(2) omitted (13.11.2021) by virtue of The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 4(11)(a)

F6 Words in Art. 12(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(12)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 12(2) omitted (13.11.2021) by virtue of The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 4(11)(b)

F8 Words in Art. 12(2) omitted (31.12.2020) by virtue of The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(12)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)