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

TITLE II U.K. IMPORT OF COMPLIANT PRODUCTS

CHAPTER 1 U.K. List of recognised control bodies and control authorities for the purpose of compliance

Article 3 U.K. Compilation and content of the list of recognised control bodies and control authorities for the purpose of compliance

1. The [F1 Secretary of State] shall draw up a list of control bodies and control authorities, recognised for the purpose of compliance in accordance with Article 32(2) of Regulation (EC) No 834/2007. F2 ... The procedures for drawing up and amending the list are defined in Articles 4, 16 and 17 of this Regulation. [F3 The Secretary of State must make the list available to the public on the internet. For transitional purposes, the Secretary of State must add to the list the names of the control bodies and control authorities and other information falling within paragraph 2 listed in Annex 1 of this Regulation, as that Annex had effect immediately before it was revoked.]

2. The list shall contain all the information necessary in respect of each control body or control authority to allow verifying whether products placed on the F4 ... market have been controlled by a control body or authority recognised in accordance with Article 32(2) of Regulation (EC) No 834/2007 and in particular:

(a) the name and address of the control body or control authority, including e-mail and Internet address and their code number;

(b) the third countries concerned and in which the products have their origin;

(c) the product categories concerned for each third country;

(d) the duration of the inclusion in the list;

(e) the Internet address where the list of operators subject to the control system can be found, including their certification status and the product categories concerned, as well as suspended and decertified operators and products.

[F5 The Secretary of State may make amendments to the information contained in the list from time to time to ensure that it remains accurate and up-to-date.]

Textual Amendments

F1 Words in Art. 3(1) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 3(1) 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(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(1) substituted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 4(3)(a)

F4 Word in Art. 3(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(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(2) inserted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 4(3)(b)

Article 4 U.K. Procedure for requesting inclusion in the list of recognised control bodies and control authorities for the purpose of compliance

[F6 1. [F7 The Secretary of State] shall consider whether to recognise and include a control body or control authority in the list provided for in Article 3 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 F8 ... in accordance with Article 17(2). F9 ...]

2. The request can be introduced by control bodies and control authorities established in the [F10 United Kingdom] or in a third country.

3. The request shall consist of a technical dossier, which shall comprise all the information needed for the [F11 Secretary of State to ensure] that the conditions set out in Article 32(1) and (2) of Regulation (EC) No 834/2007 are met for all organic products intended for export to [F12 Great Britain], namely:

(a) an overview of the activities of the control body or control authority in the third country or third countries concerned, including an estimate of the number of operators involved and an indication of the expected nature and quantities of agricultural products and foodstuffs originated from the third country or third countries concerned and intended for export to [F13 Great Britain] under the rules set out in Article 32(1) and (2) of Regulation (EC) No 834/2007;

(b) a detailed description of how Titles II, III and IV of Regulation (EC) No 834/2007 as well as the provisions of Regulation (EC) No 889/2008 have been implemented in the third country or in each of the third countries concerned;

(c) a copy of the assessment report as set out in the fourth subparagraph of Article 32(2) 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 32(1) and (2) of Regulation (EC) No 834/2007;

(ii)

giving guarantees on the elements referred to in Article 27(2), (3), (5), (6) and (12) of Regulation (EC) No 834/2007;

(iii)

ensuring that the control body or control authority meets the control requirements and precautionary measures set out in Title IV of Regulation (EC) No 889/2008; and

(iv)

confirming that it has effectively implemented its control activities according to these conditions and requirements;

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

(e) the website address 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 5 of this Regulation;

(g) any other information deemed relevant by the control body or control authority or by the [F14 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 [F15 Secretary of State] may request any further information, including the presentation of one or more on-the-spot examination reports established by independent experts. Furthermore, the [F15 Secretary of State] may, based on risk-assessment and in case of suspected irregularities, organise an on-the-spot examination by experts it designates.

5. The [F16 Secretary of State] shall assess whether the technical dossier referred to in paragraph 3 and the information referred to in paragraph 4 are satisfactory and may subsequently decide to recognise and include a control body or control authority in the list. [F17 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

F6 Substituted by Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (Text with EEA relevance).

F7 Words in Art. 4(1) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 4(1) 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(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 4(1) 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(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4(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(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 4(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(4)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 4(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(4)(c)(i)(bb) (as amended by S.I. 2020/1452, regs. 1(2)(b), 5(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 4(3)(a) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(4)(c)(ii) (as amended by S.I. 2020/1452, regs. 1(2)(b), 5(4)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(3)(g) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(4)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 4(4) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 4(5) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(4)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 4(5) substituted (13.11.2021) by The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021 (S.I. 2021/1266), regs. 1, 4(4)

Article 5 U.K. Management and review of the list of recognised control bodies and control authorities for the purpose of compliance

1. A control body or control authority may only be included in the list referred to in Article 3 when it fulfils the following obligations:

(a) if, after the 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 [F18 Secretary of State] thereof; requests to amend the information in respect of a control body or control authority referred to in Article 3(2) shall also be notified to the [F18 Secretary of State];

(b) a control body or control authority included in the list shall keep available and communicate at first request all information related to its control activities in the third country; it shall give access to its offices and facilities to experts designated by the [F19 Secretary of State];

(c) by 31 March every year, the control body or control authority shall send a concise annual report to the [F20 Secretary of State]; the annual report shall update the information of the technical dossier referred to in Article 4(3); it shall describe in particular the control activities carried out by the control body or control authority in the third countries during 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 32(2) of Regulation (EC) No 834/2007; the [F20 Secretary of State] may request any other information deemed necessary;

(d) in the light of any information received, the [F21 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 in the list referred to in Article 3; a similar decision may also be made where a control body or authority has not supplied information required or where it has not agreed to an on-the-spot examination;

(e) the control body or control authority shall make available to interested parties, on an Internet website, a continuously updated list of operators and products certified as organic.

2. If a control body or a control authority does not send the annual report, referred to in paragraph 1(c), does not keep available or does not communicate all information related to its technical dossier, control system or updated list of operators and products certified as organic, or does not agree to an on-the-spot examination, after request by the [F22 Secretary of State] within a period which the [F22 Secretary of State] shall determine according to the severity of the problem and which generally may not be less than 30 days, [F23 the Secretary of State may F24 ... withdraw that control body or control authority from the list of control bodies and control authorities.]

If a control body or a control authority fails to take appropriate and timely remedial action, the [F25 Secretary of State] shall withdraw it from the list without delay.

Textual Amendments

F18 Words in Art. 5(1)(a) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 5(1)(b) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 5(1)(c) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 5(1)(d) substituted (31.12.2020) by The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/692), regs. 1(2), 4(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 5(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(5)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 5(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(5)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 5(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(5)

F25 Words in Art. 5(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(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 2 U.K. Documentary evidence required for import of compliant products

Article 6 U.K. Documentary evidence

1. The documentary evidence required for import of compliant products referred to in Article 32(1)(c) of Regulation (EC) No 834/2007, shall, in accordance with Article 17(2) of this Regulation, be established on the basis of the model set out in Annex II to this Regulation and contain at least all the elements that are part of that model.

2. The original documentary evidence shall be established by a control authority or the control body which has been recognised for issuing that documentary by a decision as referred to in Article 4.

3. The authority or body issuing the documentary evidence shall follow the rules established in accordance with Article 17(2) and in the model, notes and guidelines made available by the [F26 Secretary of State] via the computer system enabling electronic exchange of documents referred to in Article 17(1).

Textual Amendments

F26 Words in Art. 6(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(6); 2020 c. 1, Sch. 5 para. 1(1)