G/TBT/W/708  
28 February  2020 
(20-1531) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  Spanish  
 
  
EUROPEAN UNION - REGULATION (EU) 2018/84 8 OF THE EUROPEAN PA RLIAMENT  
AND OF THE COUNCIL O F 30 MAY 2018 ON ORG ANIC PRODUCTION AND  
LABELLING OF ORGANIC  PRODUCTS  
STATEMENT BY THE DOMINICAN REPUBLIC TO THE COMMITTEE ON  
TECHNICAL BARRIERS TO TRADE  
26-27 FEBRUARY 2020  
The following communication , dated 27 February  2020, is being circulated at the request of the 
delega tion of the Dominican  Republic . 
 
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1.  The European Union  adopted  secondary legislation  under  Regulation  (EU) 2018/84 8, which 
includes  fundamental changes to the  group certification system in third countries . These measures  
presented by the European Commission  would  undoubtedly  have a severe, negative and immediate  
impact on organic export s from the Dominican  Republic to European Union countries . 
2.  The Dominican Republic is  one of the world's leading produc ers of organic banan as and cocoa. 
These sectors constitute  the two main  export s to the  European Union market , representing  
approximately 33% of the value of total exports , and creating  350,000 direct and indirect jobs . As a 
member of  the ACP Group , our country  is the  largest  export er of organic products to the European  
Union, accounting for  62% of total imports . European consumers  have favoured  Dominican o rganic 
products because  they come from sustainable  program mes that comply with both international 
certification and Fairtrade standards . 
3.  There can be  no doubt that the Dominican Republic's success  is closely linked to the way in which  
the country's small -scale farmers have been able to group together in  cooperativ es or associations. 
The changes proposed  in the European Union's draft secondary legislation pose a serious challenge  
to our farmers'  living standards , their famili es, their business models, rural communities and their  
participa tion in value chains . 
4.  The Dominican  Government  is deeply concerned by  the nature of  the implementing acts of 
Article 36.1 of Regulation  2018/848, which  contains proposals that would undermine  efforts made 
over many years by these cooperatives to develop  environmentally sustainable agriculture and 
communities that are social and economically viable . 
5.  A further cause of particular concern is t he administrative and financial implications for groups 
of producers that are currently certified as "proces sor/export er managed groups ", since they would 
either have to form separate legal entities  or rely on  third parties to carry out the processing and 
exportation  of their products . Not only does this s ignificant ly raise transaction costs  and affect the 
management of the production process , but it also  has a negative impact on traceability  and the  
bargaining power of farmers , resulting in  decreased revenue and increased costs , and thereby 
threatening  the sustainability  of their businesses . 
6.  Moreover , the establishment of a maximum limit of five hectares for each member of the group 
would affect the viability of many producer associations, because it would exclu de those  farmers  
who grow organic  products on larger areas of land , for whom  obtaining individual certification is not 
economically feasible . In some cases , the cost of certifica tion could  represent 60 % of their  net 
revenue , which would prevent them  de facto from export ing to the European  Union. Consequently , G/TBT/W/708  
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  we suggest that the maximum limit of hectares be increased,  or that  the requirement be removed 
for associations of small -scale producers . 
7.  Furthermore , the proposals contained in the secondary legislation regarding Article 36.4 of the 
Regulation, which establish the basis for defining "the composition and dimension of a group of 
operators" , are also a major cause for concern . The draft's proposed limit of 1,000 memb ers would  
result in  a significant increase in costs for our farmers . In the farmers' experience , the groups need 
to be much larger  in order to produce viable export volumes.  
8.  These proposed changes  to group certifica tion standards  create an unnecessary administrative 
and fina ncial burden  for organic producers  in developing countries, and especially small -scale 
farmers . Moreover, they are not conducive to achieving the objective set out in the implementation 
proposal . The Dominican Republic  questions whether these requirements are necessary for achiev ing 
the relevant objective. 
9.  In addition , we would like to take this opportunity to express our concern  at the unexpected 
implementation  of European Commission Implementing Regulation  (EU) 2020/25 on imports of 
organic products from third countries , officially published on 13 January  2020 and in force since  
3 February  2020. This Regulation  establ ishes a very short  notification period  for third countries to 
present their views  or make adjustments to meet the requirements of the legislation . 
10.  The Regulation establishes a new rule  that, in the case of the Dominican Republic,  will have an 
adverse effect  on the structure and logistics of the production and export process for organic 
products , mainly perishable  items . This is because it requires the certifica te of inspection  (COI) to 
be issued before the  consignment leaves the third country of export or origin . 
11.  The issuance of the  COI relies on document checks  carried out by control bodie s or authorities  
both locally and abroad . Therefore, at least six days are required to prepare it once the maritime 
cargo has left . Changing  logistical tim e frames  could have catastrophic implications for the econom y, 
the environment  and the condition of the product . The Dominican Republic's objection  is based on  
what occurs outside of the  country , since, due to reasons linked to the logistics of commercial 
shipping , it takes 10 to 12 days on average for the ship to arrive in Europe once it ha s left.  
12.  It is important to point out  that this provision  was not notified to the  World Trade Organization  
(WTO)  beforehand . Therefore , we request th at its implementation be suspended until  technical 
consultations have been held , so that  the time required for the organic product export  process , as 
well as the economic and social consequences of implementing the provision , can be made clear . 
The Dominican Republic urges that, at the very least, a swift response  that protects the interests o f 
all stakeholders be sought . 
13.  The Dominican Republic is of the  opinion that its concerns re garding  the European Union's  
certification system and  conformity assessment procedure are covered by the  national and 
most-favoured -nation treatment obliga tions under Article 5.1.1 of the Agreement on Technical 
Barriers to Trade  (TBT Agreement) . Consequently,  the European  Union has an obligation to  avoid 
discrimina ting between  imported products  and like domestic products  when implement ing its 
certification system . The European Union's measures are subject to the  TBT Agreement  and would 
be in breach  of Article 5.1.2 of that Agreement , which prohibits WTO Members  from adopting 
conformity assessment procedures "with a view to or with the effect of creating unnecessary 
obstacles to international trade ". 
14.  Additionally , Article 5.4 of the Agreement  in question requires Memb ers to use "relevant guides 
or recommendations issued by international standardizing bodies" , such as the Codex Alimentarius, 
"as a basis " for their conformity assessment  procedures . 
15.  Article 5.6 of the same  Agreement  stipulates that , in princip le, conformity assessment 
procedures must be notified  and that other Memb ers must be able  to make comments . 
16.  Furthermore , Article  5.9 of the same Agreement requires  Memb ers to  allow "a reasonable 
interval between the publication of requirements concerning conformity assessment procedures and 
their entry into force". G/TBT/W/708  
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  17.  Lastly , we wish to underscore the imminent risk of serious losses to our economy , and 
particular ly the risk to the livelihoods of small communities that, due to their geographical location, 
are already  extremely vulnerable . This would undoubtedly a ffect our ability  to fulfil commitments 
taken on under the 2030 Agenda . Moreover , it should be noted that  when Members with the highest 
levels of economic development that are party to the TBT  Agreement  apply measures , they must 
bear in mind the obligation  to grant Special and Differential Treatment (S&D) to developing 
countries , as provided for in A rticle 12 of the Agreement . 
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