EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2014) XXX  draft 
  
COMMISSION IMPLEMENTING RE GULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No  1235/2008 as regards requests for inclusion in the list of 
third countries recognised for the purpose of equivalence in relation to the import of 
organic pr oducts 
(Text with EEA relevance) 
 EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No 1235/2008 as regar ds requests for inclusion in the list of 
third countries recognised for the purpose of  equivalence in relation to the import of 
organic products 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC)  No 834/2007 of 28 June 2007 on organic 
production and labeling of orga nic products and repealing Regulation (EEC) No 2092/91
1, 
and in particular Article 33(2)  and Article 38(d) thereof, 
Whereas: (1) Commission Regulati on (EC) No 1235/2008
2 lays down detailed rules concerning the 
procedure for recognition of third countri es for the purpose of equivalence in 
accordance with Article 33(2) of Regulation (EC) No 834/2007. 
(2) The Council of the European Union, in its  conclusions on orga nic farming of the 
3237th Agriculture and Fisheries Council meeting of 13 and 14 May 2013, encouraged 
the Commission to improve the current mechanis ms to facilitate international trade in 
organic products and require reciprocity a nd transparency in any trade agreement. 
(3) The on-going review of the legal framewor k of the organic production sector has 
revealed shortcomings in the current scheme  of recognition of third countries for the 
purpose of equivalence. Most of the equivalence arrangements signed by the 
Commission and third countries have been  unilaterally applied by the European 
Commission which has not been conducive to the promotion of a level playing field. It 
was found that equivalence recognition with  third countries s hould be established 
through international agreements. Therefore, the current scheme of  recognition of third 
countries for the purpose of equivalence based on equivalence arrangements should 
shift to a scheme based on balanced interna tional agreements with a view to promoting 
a level playing field, transpar ency and legal certainty.  
(4) In order to facilitate the transition to  the new scheme of recognition based on 
international agreements, it is appropriate to introduce a final date for receiving new requests for inclusion in the list provided for in Article 7 of Regulation (EC) No 
1235/2008 and set out in Annex III to that Re gulation. Requests received after that 
date should no longer be admissible. 
(5) Regulation (EC) No 1235/2008 should therefore be amended accordingly. 
                                                
 
1 OJ L 189, 20.7.2007, p. 1. 
2 Commission Regulation (EC) No 1235/2008 of 8 December 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 (OJ L 334, 12.12.2008, p. 25).  EN 3   EN (6) The measures provided for in this Regulati on are in accordance with the opinion of the 
regulatory Committee on organic production, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 8(1) of Regulation (EC) No  1235/2008 is replaced by the following: 
‘1. The Commission shall consider whether to incl ude a third country in the list provided for 
in Article 7 upon receipt of a request for inclusio n from the representative of the third country 
concerned, provided that such request is submitted before 1 July 2014.’ 
Article 2 
This Regulation shall enter into force on the se venth day following that of its publication in 
the Official Journal of  the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Commission 
 The President  […]