# Commission Implementing Regulation (EU) No 125/2013Show full title

Commission Implementing Regulation (EU) No 125/2013 of 13 February 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 (Text with EEA relevance)         

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U.K.

# Commission Implementing Regulation (EU) No 125/2013                     

# of 13 February 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                     

# (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 2092/91(1), and in particular Article 33(2) and (3), and points (c) and (d) of Article 38, thereof,                        

Whereas:

(1)In order to improve the supervision of third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007                              and control authorities and control bodies recognised in accordance with Article 33(3) of that Regulation, it is appropriate                              to increase cooperation with those recognised third countries. Therefore, the exchange of experience through the participation                              of observers in on-the-spot examinations should be possible.

(2)In the light of the experience gained with the implementation of the equivalence system, it is necessary to clarify that processed                              agricultural products and all ingredients of such products, imported from third countries having control authorities or control                              bodies recognised under Article 33(3) of Regulation (EC) No 834/2007, have been submitted to a control system recognised for                              the purpose of equivalence in accordance with Union legislation.

(3)Experience has shown that difficulties can arise in interpreting the consequences of irregularities or infringements affecting                              the organic status of a product. In order to avoid further difficulties and to clarify the link between 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(2) and 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(3), it is necessary to recall the duties of the control authorities or control bodies of Member States as regards non-compliant                              products imported from third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 or from                              third countries having control authorities or control bodies recognised in accordance with Article 33(3) of that Regulation.                              Furthermore, the exchange of information concerning irregularities between the Commission, Member States and the competent                              authority of a recognised third country or a recognised control authority or control body should be clarified.

(4)In order to improve the control of imported organic products, Member States should inform other Member States and the Commission                              of each import authorisation granted pursuant to Article 19 of Regulation (EC) No 1235/2008 within 15 days from the date of                              issuance of such authorisation.

(5)Annex III to Regulation (EC) No 1235/2008 contains a list of third countries whose system of production and control measures                              for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007.                              In the light of new information received by the Commission from third countries since the last amendment of that Annex, certain                              changes should be made in the list.

(6)The equivalence recognition of India applies to unprocessed plant products and processed agricultural products for use as                              food that have been grown in India. However, the Indian competent authority has notified the Commission of new guidelines                              relating to processed products that are inconsistent with the conditions under which India was recognised as equivalent country.                              In the light of that information, the specifications relating to India should be amended in order to delete the reference                              to processed products for use as food.

(7)The equivalence recognition of Japan applies to unprocessed plant products and ingredients in processed agricultural products                              for use as food that have been grown in Japan. Japan has submitted a request to the Commission to recognise the equivalence                              also for processed agricultural products for use as food prepared with ingredients imported from countries recognised as equivalent                              by Japan. The examination of that information and discussion with the Japanese authorities have led to the conclusion that                              in that country the rules governing production and controls of processed products for use as food prepared with such imported                              ingredients are equivalent to those laid down in Regulation (EC) No 834/2007. Consequently, the equivalence recognition of                              Japan should also apply to processed products for use as food prepared with ingredients imported from countries recognised                              as equivalent by Japan.

(8)Annex IV to Regulation (EC) No 1235/2008 sets out the list of control bodies and control authorities competent to carry out                              controls and issue certificates in third countries for the purpose of equivalence. In the light of new information received                              by the Commission from control bodies and control authorities listed in that Annex, certain changes should be made in the                              list.

(9)The Commission has examined requests for inclusion in the list set out in Annex IV to Regulation (EC) No 1235/2008, received                              by 31 October 2012. Control bodies and control authorities in respect of which the subsequent examination of all information                              received led to the conclusion that they complied with the relevant requirements should be included in that list.

(10)Regulation (EC) No 1235/2008 should therefore be amended accordingly.

(11)In order to ensure a smooth transition as regards the lists of recognised third countries and recognised control bodies and                              control authorities, a later date of application should be set for the amendments of Annexes III and IV to Regulation (EC)                              No 1235/2008.

(12)The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Regulation (EC) No 1235/2008 is amended as follows:

in Article 8(3), the following second subparagraph is added:

‘Experts from other third countries recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 may be invited                                 by the Commission to attend on-the-spot-examination as observers.’;                           

in the first subparagraph of Article 13(4), the following point (c) is added:

it has verified, for control bodies recognised in accordance with Article 33(3) of Regulation (EC) No 834/2007, that the products                                          covered by the certificate and in the case of processed agricultural products for use as food and feed, all organic ingredients                                          of such products, have been certified by a control authority or control body of a third country recognised in accordance with                                          Article 33(2) of that Regulation or by a control authority or control body recognised in accordance with Article 33(3) of                                          that Regulation or produced and certified in the Union in accordance with that Regulation. At the request of the Commission                                          or of the competent authority of a Member State, it shall make available without delay the list of all operators in the organic                                          production chain and the competent authorities or control bodies under whose control those operators have placed their operations.’;                                    

Article 15 is amended as follows:

in paragraph 2, the first subparagraph is replaced by the following:

‘Without prejudice to any measures or actions to be taken in accordance with Article 30 of Regulation (EC) No 834/2007, in                                          case of suspicion of infringements and irregularities as regards compliance of imported organic products from third countries                                          recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007 or imported organic products controlled by control                                          authorities or control bodies recognised in accordance with Article 33(3) of that Regulation with the requirements laid down                                          in that Regulation, the importer shall take all necessary measures in accordance with Article 91(1) of Regulation (EC) No                                          889/2008.’;                                    

paragraph 3 is replaced by the following:

‘3.Without prejudice to any measures or actions to be taken in accordance with Article 30 of Regulation (EC) No 834/2007, where                                             a control authority or control body of a Member State or a third country has a substantiated suspicion of an infringement                                             or irregularity as regards compliance of imported organic products from third countries recognised in accordance with Article                                             33(2) of Regulation (EC) No 834/2007 or imported organic products controlled by control authorities or control bodies recognised                                             in accordance with Article 33(3) of that Regulation with the requirements laid down in that Regulation, it shall take all                                             necessary measures in accordance with Article 91(2) of Regulation (EC) No 889/2008 and shall immediately inform the control                                             bodies, control authorities and competent authorities of the Member States concerned and of the third countries involved in                                             the organic production of the products in question and the Commission.’;                                    

the following paragraph 4 is added:

‘4.Where a competent authority of a third country recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007                                             or a control authority or control body recognised in accordance with Article 33(3) of that Regulation is notified by the Commission                                             after having received a communication from a Member State informing it of a substantiated suspicion of an infringement or                                             irregularity as regards compliance of imported organic products with the requirements laid down in that Regulation or this                                             Regulation, it shall investigate the origin of the suspected irregularity or infringement and shall inform the Commission                                             and the Member State which sent the initial communication of the result of the investigation and of the action taken. That                                             information shall be sent within 30 calendar days from the date of sending of the original notification by the Commission.                                    

The Member State which sent the initial communication may ask the Commission to request additional information, if needed,                                          which shall be sent to the Commission and to the Member State concerned. In any case, after receiving a reply or additional                                          information, the Member State which sent the initial communication shall make the necessary entries and updates in the computer                                          system referred to in Article 94(1) of Regulation (EC) No 889/2008.’;                                    

in Article 19, paragraph 2 is replaced by the following:

‘2.Each Member State shall inform the other Member States and the Commission of each authorisation granted pursuant to this Article,                                    including information on the production standards and control arrangements concerned, within 15 days from the date of issue.’;                           

Annex III is amended in accordance with Annex I to this Regulation;

Annex IV is amended in accordance with Annex II to this Regulation.

# Article 2U.K.

This Regulation shall enter into force on the seventh day following that of its publication in the *Official Journal of the European Union*.                  

However, points (5) and (6) of Article 1 shall apply from 1 April 2013.

This Regulation shall be binding in its entirety and directly applicable in the Member States.

Done at Brussels, 13 February 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEX IU.K.

Annex III to Regulation (EC) No 1235/2008 is amended as follows:

Points 1 and 2 of the text relating to India are replaced by the following:

### ‘INDIA

1. Product categories

:

2. Origin

:

products of categories A and F that have been grown in India.’                              

Point 2 of the text relating to Japan is replaced by the following:

‘2. Origin

:

products of categories A and F and organically grown ingredients in products of category D that have been grown in Japan or                                    that have been imported into Japan:                              
                  -  either from the Union,                                     
                  -  or from a third country for which Japan has recognised that the products have been produced and controlled in that third country                                          in accordance with the rules equivalent to those laid down in the Japanese legislation.’                                     

## ANNEX IIU.K.

Annex IV to Regulation (EC) No 1235/2008 is amended as follows:

the text relating to ‘Abcert AG’ is replaced by the following:

### ‘ “**Abcert AG**”

#### 1.Address: Martinstraße 42-44, 73728 Esslingen am Neckar, Germany

#### 2.Internet address: http://www.abcert.de

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

after the text relating to ‘Abcert AG’ the following text is inserted:

### ‘ “**Afrisco Certified Organic, CC**”

#### 1.Address: P.O. Box 74192, Lynnwood Ridge, Pretoria 0040, South Africa

#### 2.Internet address: http://www.afrisco.net

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2016.’;

after the text relating to ‘Argencert SA’, the following text is inserted:

### ‘ “**Asure Quality Limited**”

#### 1.Address: Level 4, 8 Pacific Rise, Mt Wellington, Auckland, New Zealand

#### 2.Internet address: http://www.organiccertification.co.nz

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine, products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2016.’;

the text relating to ‘Australian Certified Organic’ is replaced by the following:

### ‘ “**Australian Certified Organic**”

#### 1.Address: P.O. Box 530 - 766 Gympie Rd, Chermside QLD 4032, Australia

#### 2.Internet address: http://www.australianorganic.com.au

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products and products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Austria Bio Garantie GmbH’ is replaced by the following:

### ‘ “**Austria Bio Garantie GmbH**”

#### 1.Address: Ardaggerstr. 17/1, 3300 Amstetten, Austria

#### 2.Internet address: http://www.abg.at

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

after the text relating to ‘Austria Bio Garantie GmbH’, the following text is inserted:

### ‘ “**Balkan Biocert Skopje**”

#### 1.Address: 5-8/9, Dame Gruev Str., 1000 Skopje, the former Yugoslav Republic of Macedonia

#### 2.Internet address: http://www.balkanbiocert.mk

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2016.’;

the text relating to ‘BCS Öko-Garantie GmbH’ is replaced by the following:

### ‘ “**BCS Öko-Garantie GmbH**”

#### 1.Address: Cimbernstraße 21, 90402 Nürnberg, Germany

#### 2.Internet address: http://www.bcs-oeko.com

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Bioagricert S.r.l.’ is replaced by the following:

### ‘ “**Bioagricert S.r.l.**”

#### 1.Address: Via dei Macabraccia 8, Casalecchio di Reno, 40033 Bologna, Italy

#### 2.Internet address: http://bioagricert.org

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘BioGro New Zealand Limited’ is replaced by the following:

### ‘ “**BioGro New Zealand Limited**”

#### 1.Address: P.O. Box 9693 Marion Square, Wellington 6141, New Zealand

#### 2.Internet address: http://www.biogro.co.nz

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

after the text relating to ‘BioGro New Zealand Limited’, the following text is inserted:

### ‘ “**Bio.inspecta AG**”

#### 1.Address: Ackerstrasse, 5070 Frick, Switzerland

#### 2.Internet address: http://www.bio-inspecta.ch

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2016.’;

the text relating to ‘Bio Latina Certificadora’ is replaced by the following:

### ‘ “**Bio Latina Certificadora**”

#### 1.Address: Av. Alfredo Benavides 330, Ofic. 203, Miraflores, Lima 18, Peru

#### 2.Internet address: http://www.biolatina.com

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘CERES Certification of Environmental Standards GmbH’ is replaced by the following:

### ‘ “**CERES Certification of Environmental Standards GmbH**”

#### 1.Address: Vorderhaslach 1, 91230 Happurg, Germany

#### 2.Internet address: http://www.ceres-cert.com

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Ecocert SA’ is replaced by the following:

### ‘ “**Ecocert SA**”

#### 1.Address: BP 47, 32600 L’Isle-Jourdain, France

#### 2.Internet address: http://www.ecocert.com

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine, products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’                              is replaced by the following:                           

### ‘ “**Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)**”

#### 1.Address: P.O. Box 12311, Gainesville FL, 32604 United States

#### 2.Internet address: http://www.qcsinfo.org

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘IBD Certifications Ltd’ is replaced by the following:

### ‘ “**IBD Certifications Ltd**”

#### 1.Address: Rua Dr Costa Leite, 1351, 18602-110, Botucatu SP, Brazil

#### 2.Internet address: http://www.ibd.com.br

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘IMO Control Latinoamérica Ltda.’ is replaced by the following:

### ‘ “**IMO Control Latinoamérica Ltda.**”

#### 1.Address: Calle Pasoskanki 2134, Cochabamba, Bolivia

#### 2.Internet address: http://www.imo.ch

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

after the text relating to ‘IMO Control Private Limited’, the following text is inserted:

### ‘ “**IMO-Control Sertifikasyon Tic. Ltd Ști**”

#### 1.Address: 225 Sok. No:29 D:7 Bornova, 35040 Izmir, Turkey

#### 2.Internet address: http://www.imo.ch

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2016.’;

the text relating to ‘Indocert’ is replaced by the following:

### ‘ “**Indocert**”

#### 1.Address: Thottumugham post, Aluva, Ernakulam, Kerala, India

#### 2.Internet address: http://www.indocert.org

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, products covered by Annex III, seaweed

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Institute for Marketecology (IMO)’ is replaced by the following:

### ‘ “**Institute for Marketecology (IMO)**”

#### 1.Address: Weststrasse 1, 8570 Weinfelden, Switzerland

#### 2.Internet address: http://www.imo.ch

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine and products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Istituto Certificazione Etica e Ambientale’ is replaced by the following:

### ‘ “**Istituto Certificazione Etica e Ambientale**”

#### 1.Address: Via Nazario Sauro 2, 40121 Bologna, Italy

#### 2.Internet address: http://www.icea.info

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine and products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Lacon GmbH’ is replaced by the following:

### ‘ “**LACON GmbH**”

#### 1.Address: Brünnlesweg 19, 77654 Offenburg, Germany

#### 2.Internet address: http://www.lacon-institut.com

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine, products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text relating to ‘Organic agriculture certification Thailand’ is replaced by the following:

### ‘ “**Organic agriculture certification Thailand**”

#### 1.Address: 619/43 Kiatngamwong Building, Ngamwongwan Rd., Tambon Bangkhen, Muang District, Nonthaburi 11000, Thailand

#### 2.Internet address: http://www.actorganic-cert.or.th

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

the text related to ‘Organización Internacional Agropecuaria’ is replaced by the following

### ‘ “**Organización Internacional Agropecuaria**”

#### 1.Address: Av. Santa Fe 830 - (B1641ABN) – Acassuso, Buenos Aires — Argentina

#### 2.Internet address: http://www.oia.com.ar

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products and products covered by Annex III

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

after the text relating to ‘Quality Assurance International’, the following text is inserted:

### ‘ “**SGS Austria Controll-Co. GmbH**”

#### 1.Address: Diefenbachgasse 35, 1150 Wien, Austria

#### 2.Internet address: http://www.sgs-kontrolle.at

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2016.’;

the text relating to ‘Suolo e Salute srl’ is replaced by the following:

### ‘ “**Suolo e Salute srl**”

#### 1.Address: Via Paolo Borsellino 12, 61032 Fano (PU) Italy

#### 2.Internet address: http://www.suoloesalute.it

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products

#### 5.Duration of inclusion in the list: until 30 June 2015.’;

after the text relating to ‘Suolo e Salute srl’, the following text is inserted:

### ‘ “**TÜV Nord Integra**”

#### 1.Address: Statiestraat 164, 2600 Berchem (Antwerp), Belgium

#### 2.Internet address: http://www.tuv-nord-integra.com

#### 3.Third countries, code numbers and product categories concerned:

#### 4.Exceptions: in-conversion products, wine

#### 5.Duration of inclusion in the list: until 30 June 2016.’.

1

OJ L 189, 20.7.2007, p. 1.                           

2

OJ L 334, 12.12.2008, p. 25.                           

3

OJ L 250, 18.9.2008, p. 1.