EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2020/977 as regards the temporary measures 
in relation to controls on the production of organic products, in particular the period of 
application  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2020/977 as regards the temporary measures 
in relation to controls on the production of organic products, in particular the period of 
application  
(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 labelling of organic products and repealing  Regulation (EEC) No 2092/911, 
and in particular Article 28(6) , the third subparagraph of Article 30(2) and Article 38(c), (d) 
and (e) thereof,  
Whereas:  
(1) The COVID -19 pandemic and the extensive movement restrictions put in place in the 
Member States and in third countries in the form of national measures constitute an 
exceptional and unprecedented challenge for Member States and operators in relation 
to performing cont rols as specified in Regulation (EC) No 834/2007 and Commission 
Regulations (EC) No 889/20082 and (EC) No 1235/20083. 
(2) In order to address the specific circumstances due to the ongoing crisis related to the 
COVID -19 pandemic, Commission Implementing Regulat ion (EU) 2020/9774 allows 
Member States to apply temporary measures that derogate from Regulations (EC) No 
889/2008 and (EC) No 1235/2008 in relation to the control system on the production 
of organic products and certain procedures provided for in the Tra de Control and 
Expert System (TRACES).  
(3) Member States have informed the Commission that, in view of the crisis linked to the 
COVID -19 pandemic, certain serious disruptions in the functioning of their control 
systems in the organic sector will persist beyond  1 February 2021.  
(4) In addition, a s regards official controls and other official activities within the scope of 
Regulation (EU) 2017/625 of the European Parliament and of the Council5, 
                                                 
1 OJ L 189, 20.7.2007, p. 1 . 
2 Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation 
of Council Regulation (EC) No 834 /2007 on organic production and labelling of organic products with regard to 
organic production, labelling and control ( OJ L 250, 18.9.2008, p. 1 ). 
3 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 ). 
4 Commission Implementing Regulation (EU) 2020/977 of 7 July 2020 derogating from Regulations (EC) No 
889/2008 and (EC) No 1235/2008 as regards controls on the production of organic products due to the COVID -19 
pandemic ( OJ L 217, 8.7.2020, p. 1 ). 
5 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls an d 
other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, 
plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No EN 2  EN Commission Implementing Regulation (EU) 2020/4666 allows Member States to apply 
temporary measures to avoid serious health risks for the staff of the competent 
authorities , in view of the difficulties to perform those controls and activities and to 
the extent necessary to manage the related serious disruptions of the control systems  of 
the Member States . The period of application of that Regulation has been prolonged  
until 1 July 2021  by Commission Implementing Regulation (EU) 2021/837. It is 
therefore appropriate that t he derogations provided for in Implementing Regulation 
(EU) 2020/977 continue to apply for the same period as provided for in Implementing 
Regulation (EU) 2020/466 .  
(5) Article 1(6) of Implementing Regulation (EU) 2020/977 sets a lower percentage than 
point (c) of the second subparagraph of Article 92c(2) of Regulation (EC) No 
889/2008  as regards the inspections and visits in accordance with Article 65(1) and (4)  
of Regulation (EC) No 889/2008 that are to be carried out  unannounced . In order to 
ensure that those inspections and visits can actually take place and under safe 
circumstances, it is appropriate  to create the possibility to provide  for a 24 hours’ 
notice for those unannounced inspections and visits.  
(6) Implementing Regulation (EU) 2020/977 should therefore be amended accordingly.  
(7) There is a need not to disrupt the application of the provisions of Implementing 
Regulation (EU) 2020/977 that is extended by this Regulation. It is therefore 
appropriate to provide for a retroactive application of this Regulation from 1 February 
2021 in that respect . 
(8) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee on Organic Production,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Implementing Regulation (EU) 2020/977 is amended as follows:  
(1) Article 1 is amend ed as follows:  
(a) in paragraph 6, the following subparagraph is added:  
‘However, a short notice of maximum 24 hours in advance of such inspections 
and visits may be provided in order to ensure that the inspectors have access to 
the premises of the operator an d under safe circumstances.’;  
(b) in paragraph 7, the date ‘1 February 2021’ is replaced by ‘1 July 2021’.  
(2) Article 3 is amended as follows:  
                                                                                                                                                         
1069/2009, (EC) No 1107/2 009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the 
European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council 
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008 /120/EC, and repealing Regulations (EC) No 
854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC 
(Offi cial Controls Regulation) ( OJ L 95, 7.4.2017, p. 1 ). 
6 Commission Implementing Regulation (EU) 2020/466 of 30 March 2020 on temporary measures to contain risks to 
human, animal and plant health and animal welfare during certain serious disruptions of Membe r States’ control 
systems due to coronavirus disease (COVID -19) ( OJ L 98, 31.3.2020, p. 30 ). 
7 Commission Implementing Regulation (EU) 2021/83 of 27 January 2021 amending Implementing Regulation 
(EU) 2020/466 as regards the performance of official controls  and other official activities by specifically 
authorised natural persons and the period of application of temporary measures  (OJ L 29, 28.1.2021, p. 23 ). EN 3  EN (a) in the second, third and fifth paragraphs, the date ‘1 February 2021’ is replaced 
by ‘1 July 2021’;  
(b)  in the fourth para graph, the date ‘31 December 2020’ is replaced by ‘1 July 
2021’.  
 
Article  2 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Union . 
Article 1(1)(b) and (2) shall apply from 1 Februa ry 2021. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN