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
Date: 2008-12-08
Institutions: European Commission
Subjects: import (EU), organic product, originating product, surveillance concerning imports, third country

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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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

from third countries which are intended to be marketed
in the Community as organic should be laid down.

Having regard to the Treaty
Community,

establishing the European

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), Article 38(d) and Article 40 thereof,

Whereas:

(1)

(2)

(3)

Articles 32 and 33 of Regulation (EC) No 834/2007 lay
down general provisions for import of organic products.
With a view to guarantee that these provisions will be
applied in a correct and uniform way, detailed rules and
procedures for the application of those provisions should
be laid down.

As substantial experience has been built up since 1992
with the import of products providing equivalent guar­
antees, a relatively short period should be given to
control bodies and control authorities to request their
inclusion in the list for the purpose of equivalence in
accordance with Article 33 of Regulation (EC) No
834/2007. However, as there is no experience with the
direct application of Community rules on organic
production and labelling of organic products outside
the territory of the Community, more time should be
given to control bodies and control authorities wishing
to request their inclusion in the list for the purpose of
compliance in accordance with Article 32 of Regulation
(EC) No 834/2007. Therefore a longer period should be
provided for sending in the requests and for examining
them.

For products imported according to Article 32 of Regu­
lation (EC) No 834/2007,
the operators concerned
should be able to provide documentary evidence. It is
necessary to establish a model
for this documentary
evidence. Products imported according to Article 33 of
Regulation (EC) No 834/2007 should be covered by a
is necessary to lay down
It
certificate of
detailed rules with regard to the issuing of this certificate.
Moreover,
at
Community level certain controls on products imported

to coordinate

a procedure

inspection.

in order

(1) OJ L 189, 20.7.2007, p. 1.

(4)

(5)

(6)

as

India,

organic,

the Community

Argentina, Australia, Costa Rica,
Israel, New
Zealand and Switzerland were previously listed as third
from which imported products could be
countries
marketed
under
in
Commission Regulation (EC) No 345/2008 of 17 April
2008 laying down detailed rules for implementing the
arrangements for imports from third countries provided
for in Council Regulation (EEC) No 2092/91 on organic
production of agricultural products and indications
referring thereto on agricultural products and food­
stuffs (2).
the
situation of those countries according to the criteria set
out in Regulation (EC) No 834/2007, taking into con­
sideration the production rules
the
experience gained with the import of organic products
from these third countries as previously listed under
(EEC) No
Article
2092/2091. On this basis it
the
conditions for inclusion of Argentina, Australia, Costa
Rica, India, Israel, and New Zealand in the list of third
countries for equivalency according to Article 33(1) of
Regulation (EC) No 834/2007 are fulfilled.

of Council Regulation

is concluded that

The Commission

re-examined

applied

11(1)

and

has

The European Community and the Swiss Confederation
have concluded an Agreement on trade in agricultural
products (3) approved by Decision 2002/309/EC of the
Council and of the Commission (4). Annex 9 to that
covers organically produced agricultural
Agreement
that the Parties
products and foodstuffs and sets out
must
so that organic
products complying with each other’s laws and regu­
lations can be imported and placed on the market. For
the sake of clarity, Switzerland should also be listed in
the list of third countries for equivalency according to
Article 33(1) of Regulation (EC) No 834/2007.

take the necessary measures

Member States’ authorities have acquired substantial
experience and expertise in the field of granting access
the
for organic imported goods into the territory of
Community. To establish and maintain the lists of third
countries and control bodies and control authorities, this
experience should be used and the Commission should
be able to take account of reports from Member States
and other experts. The tasks involved should be divided
in a just and proportionate way.

(2) OJ L 108, 18.4.2008, p. 8.
(3) OJ L 114, 30.4.2002, p. 132.
(4) OJ L 114, 30.4.2002, p. 1.

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(7)

(8)

(9)

(10)

(11)

Provision should also be made for transitional measures
applicable to third country applications received by the
Commission before 1 January 2009, the date from which
Regulation (EC) No 834/2007 applies.

equivalent guarantees as provided for in Articles 32 and 33 of
Regulation (EC) No 834/2007.

it

to disrupt

international

In order not
trade, and to
facilitate the transition between the rules established by
Regulation (EEC) No 2092/2091 and those established
by Regulation (EC) No 834/2007,
is necessary to
extend the possibility of Member States to continue to
grant authorisations to importers on a case by case basis
for placing on the Community market of products until
the measures necessary for the functioning of the new
import rules have been put in place,
in particular as
regards the recognition of control bodies and control
authorities referred to in Article 33(3) of Regulation
(EC) No 834/2007. This possibility should be gradually
phased out as the list of control bodies referred to in that
Article is being established.

In order to improve transparency and guarantee the
application of this Regulation, an electronic system for
exchange of information between the Commission, the
Member States,
the third countries, and the control
bodies and control authorities should be foreseen.

The detailed rules laid down in this Regulation replace
those laid down in Commission Regulation (EC) No
345/2008 and in Commission Regulation (EC) No
605/2008 of 20 June 2008 laying down detailed rules
for implementing the provisions concerning the certifi­
cate of inspection for imports from third countries under
Article 11 of Council Regulation (EEC) No 2092/91 on
organic production of agricultural products and indi­
cations referring thereto on agricultural products and
foodstuffs (1). Those Regulations
should therefore be
repealed and replaced by a new Regulation.

The measures provided for in this Regulation are in
regulatory
opinion
accordance with
Committee on organic production,

the

the

of

Article 2

Definitions

For the purposes of this Regulation:

1.

‘certificate of inspection’: means the certificate of inspection
referred to in Article 33(1)(d) of Regulation (EC) No
834/2007 covering one consignment;

2.

‘documentary evidence’: means the document referred to in
Article 68 of Commission Regulation (EC) No 889/2008 (2)
and in Article 6 of this Regulation, for which the model is
set out in Annex II to this Regulation;

3.

‘consignment’: means a quantity of products under one or
more Combined Nomenclature codes, covered by a single
certificate of inspection, conveyed by the same means of
transport and imported from the same third country;

4.

‘first consignee’: means the natural or legal person as defined
in Article 2(d) of Regulation (EC) No 889/2008;

5.

‘verification of the consignment’: means the verification by
the relevant Member States’ authorities of the certificate of
inspection to satisfy Article 13 of this Regulation, and, where
in
these authorities consider appropriate, of the products,
relation to the
requirements of Regulation (EC) No
834/2007, of Regulation (EC) No 889/2008 and of this
Regulation;

6.

‘relevant Member States authorities’: means the customs
authorities or other authorities, designated by the Member
States;

HAS ADOPTED THIS REGULATION:

TITLE I

INTRODUCTORY PROVISIONS

Article 1

Subject matter

7.

This Regulation lays down the detailed rules for the import of
compliant products and the import of products providing

‘assessment report’: means the assessment report referred to
in Articles 32(2) and 33(3) of Regulation (EC) No 834/2007
drawn up by an independent
third party fulfilling the
ISO Standard 17011 or by a relevant
requirements of
competent
information on
document reviews, including the descriptions referred to in
Articles 4(3)(b) and 11(3)(b) of this Regulation, on office
audits,
locations and on risk-oriented
witness audits conducted in representative third countries.

authority, which includes

including critical

(1) OJ L 166, 27.6.2008, p. 3.

(2) OJ L 250, 18.9.2008, p. 1.

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TITLE II

IMPORT OF COMPLIANT PRODUCTS

CHAPTER 1

List of recognised control bodies and control authorities for
the purpose of compliance

Article 3

from the representative of

the control body or control
list
authority concerned. Only complete requests that have been
received before 31 October 2011 shall be considered, on the
basis of
the model of application made available by the
Commission in accordance with Article 17(2), for the drawing
up of
list. For the following calendar years, only
complete requests that have been received before 31 October
of each year shall be considered.

the first

Compilation and content of the list of recognised control
authorities
the purpose of
bodies
compliance

and control

for

authorities,

recognised for

The Commission shall draw up a list of control bodies
1.
the purpose of
and control
compliance in accordance with Article 32(2) of Regulation
(EC) No 834/2007. The list shall be published in Annex I to
this Regulation. The procedures for drawing up and amending
the list are defined in Articles 4, 16 and 17 of this Regulation.
The list shall be made available to the public on the Internet in
accordance with Articles 16(4) and 17 of this Regulation.

The list shall contain all

the information necessary in
2.
respect of each control body or control authority to allow
verifying whether products placed on the Community 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
authority,
code number;

the control body or control
including e-mail and Internet address and their

2.
The request can be introduced by control bodies and
control authorities established in the Community or in a third
country.

3.
The request shall consist of a technical dossier, which shall
comprise all the information needed for the Commission 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 the Community, 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 the Community under the rules set out in
Article 32(1) and (2) of Regulation (EC) No 834/2007;

(b) the third countries concerned and in which the products

have their origin;

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

(c)

the product categories concerned for each third country;

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

(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.

Article 4

Procedure for requesting inclusion in the list of recognised
control bodies and control authorities for the purpose of
compliance

1.
The Commission 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 for inclusion in this

(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

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

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(iv) confirming that

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

mation in respect of a control body or control authority
referred to in Article 3(2) shall also be notified to the
Commission;

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

the legal

(b) a control body or control authority included in the list shall
keep available and communicate at first request all
infor­
mation related to its control activities in the third country; it
shall give access to its offices and facilities to experts
designated by the Commission;

(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,
as
suspended and decertified operators and products;

the product

concerned,

categories

as well

(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 Commission.

4. When examining a request for inclusion in the list of
control body or control authority, and also any time after its
inclusion, the Commission may request any further information,
including the presentation of one or more on-the-spot exam­
ination reports established by independent experts. Furthermore,
the Commission may, based on risk-assessment and in case of
suspected irregularities, organise an on-the-spot examination by
experts it designates.

5.
The Commission 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. The decision shall be taken in accordance with the
procedure referred to in Article 37(2) of Regulation (EC) No
834/2007.

Article 5

Management and review of the list of recognised control
authorities
the purpose of
bodies
compliance

and control

for

A control body or control authority may only be included
1.
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
to the
included in the
list,
applied by
measures
control
authority,
that control body or control authority shall
notify the Commission thereof; requests to amend the infor­

are made
control body or

any changes
the

(c) by 31 March every year,

report

the control body or control
authority shall
to the
send a concise annual
Commission; 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 irregula­
rities
corrective
measures taken;
furthermore contain the most
recent assessment report or update of such report, which
shall
regular on-the-spot
evaluation, surveillance and multiannual reassessment as
referred to in Article 32(2) of Regulation (EC) No
834/2007; the Commission may request any other infor­
mation deemed necessary;

and infringements observed and the

contain the

results of

it shall

the

(d) in the light of any information received, the Commission
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 exa­
mination;

(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 Commission within a
period which the Commission shall determine according to the
severity of the problem and which generally may not be less
than 30 days, that control body or control authority may be
withdrawn from the list of control bodies and control auth­
orities,
in accordance with the procedure referred to in
Article 37(2) of Regulation (EC) No 834/2007.

If a control body or a control authority fails to take appropriate
and timely remedial action, the Commission shall withdraw it
from the list without delay.

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Documentary evidence

CHAPTER 2

required for
products

Article 6

import of

compliant

(d) the competent authority in the third country responsible for
the control system, its address, including e-mail and Internet
addresses;

Documentary evidence

required for

The documentary

1.
import of
evidence
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.

The original documentary evidence shall be established by
the control body which has been
issuing that documentary by a decision as

2.
a control authority or
recognised for
referred to in Article 4.

rules

follow the

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

computer

the

TITLE III

IMPORT OF PRODUCTS PROVIDING EQUIVALENT
GUARANTEES

CHAPTER 1

List of recognised third countries

Article 7

Compilation and content of the list of third countries

1.
The Commission shall establish a list of recognised third
countries in accordance with Article 33(2) of Regulation (EC)
No 834/2007. The list of recognised countries is set out in
Annex III to this Regulation. The procedures for drawing up
and amending the list are defined in Articles 8 and 16 of this
Regulation. Amendments to the list shall be made available to
the public on the Internet in accordance with Articles 16(4) and
17 of this Regulation.

The list shall contain all

2.
the information necessary in
respect of each third country to allow verifying whether
products placed on the Community market have been subject
to the control system of
the third country recognised in
accordance with Article 33(2) of Regulation (EC) No
834/2007 and in particular:

(a)

the product categories concerned;

(b) the origin of the products;

(c) a reference to the production standards applied in the third

country;

(e)

the control authority or authorities in the third country
and/or the control body or bodies recognised by the said
competent authority to carry out controls, their addresses,
including, when appropriate, e-mail and Internet addresses;

(f)

the authority or authorities or the control body or bodies
responsible in the third country for issuing certificates with
a view to importing into the Community, their addresses
and their code numbers and, when appropriate, their e-mail
and Internet addresses;

(g) the duration of the inclusion in the list.

Article 8

Procedure for requesting inclusion in the list of third
countries

1.
The Commission shall consider whether to include a third
country in the list provided for in Article 7 upon receipt of a
request
the third
for
country concerned.

from the representative of

inclusion,

The Commission shall only be required to consider a
2.
request for inclusion which meets the following preconditions.

The request for inclusion shall be completed by a technical
dossier, which shall comprise all the information needed for
the Commission to ensure that
in
Article 33(1) of Regulation (EC) No 834/2007 are met for
products intended for export to the Community, namely:

the conditions set out

(a) general

information on the development of organic
production in the third country, the products produced,
the
the
number of producers, the food processing taking place;

the production regions,

in cultivation,

area

(b) an indication of

the expected nature and quantities of
organic agricultural products and foodstuffs intended for
export to the Community;

(c)

the production standards applied in the third country as
well
to the
their
standards applied in the Community;

an assessment of

equivalence

as

(d) the control system applied in the third country, including
the monitoring and supervisory activities carried out by the
competent authorities in the third country, as well as an
assessment of its equivalent effectiveness when compared to
the control system applied in the Community;

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(e)

the Internet or other 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 and the product categories concerned;

third country and may suspend the entry of that country
from the list referred to in Article 7; a similar decision may
also be made where a third country has not supplied infor­
mation required or where it has not agreed to an on-the-
spot examination.

(f)

the information the third country proposes to include in the
list as referred to in Article 7;

(g) an undertaking to comply with the provisions of Article 9;

(h) any other information deemed relevant by the third country

or by the Commission.

and also any time

3. When examining a request for inclusion in the list of
recognised third countries,
its
inclusion, the Commission may request any further information,
including the presentation of one or more on-the-spot exam­
ination reports established by independent experts. Furthermore,
the Commission may, based on risk-assessment and in case of
suspected irregularities organise an on-the-spot examination by
experts it designates.

after

4.
The Commission shall assess whether the technical dossier
referred to in paragraph 2 and the information referred to in
paragraph 3 are satisfactory and may subsequently decide to
recognise and include a third country in the list. The decision
shall be taken in accordance with the procedure referred to in
Article 37(2) of Regulation (EC) No 834/2007.

Article 9

Management and review of the list of third countries

The Commission shall only be required to consider a
for inclusion when the third country undertakes to

1.
request
accept the following conditions:

(a)

if, after a third country has been included in the list, any
changes are made to the measures in force in the third
country or their implementation and in particular to its
control
the
Commission thereof; requests to amend the information
in respect of a third country referred to in Article 7(2)
shall also be notified to the Commission;

third country

shall notify

system,

that

(b) the annual report referred to in Article 33(2) of Regulation
the
(EC) No 834/2007 shall update the information of
technical dossier referred to in Article 8(2) of this Regu­
it shall describe in particular the monitoring and
lation;
supervisory
competent
carried out by
authority of
the results obtained and
the corrective measures taken;

activities
the third country,

the

If a third country does not send the annual

2.
report,
referred to Article 33(2) of Regulation (EC) No 834/2007,
does not keep available or does not communicate all
infor­
mation related to its technical dossier or control system or
does not agree to an on-the-spot examination, after request
by the Commission within a period which the Commission
shall determine according to the severity of the problem and
which generally may not be less than 30 days,
third
country may be withdrawn from the list,
in accordance with
the procedure referred to in Article 37(2) of Regulation (EC) No
834/2007.

that

CHAPTER 2

List of recognised control bodies and control authorities for
the purpose of equivalence

Article 10

Compilation and content of the list of recognised control
the purpose of
authorities
bodies
equivalence

and control

for

authorities,

recognised for

The Commission shall draw up a list of control bodies
1.
and control
the purpose of
equivalence in accordance with Article 33(3) of Regulation
(EC) No 834/2007. The list shall be published in Annex IV
to this Regulation. The procedures
for drawing up and
amending the list are defined in Articles 11, 16 and 17 of
this Regulation. The list shall be made available to the public
on the Internet in accordance with Articles 16(4) and 17 of this
Regulation.

The list shall contain all

2.
the information necessary in
respect of each control body or authority to allow verifying
whether products placed on the Community market have
been controlled by a control body or authority recognised in
accordance with Article 33(3) of Regulation (EC) No 834/2007
and in particular:

(a)

the name, address and code number of the control body or
authority, and, when appropriate,
its e-mail and Internet
address;

(b) the third countries not listed in the list provided for in

Article 7 where the products have their origin;

(c)

the product categories concerned for each third country;

(c)

in the light of any information received, the Commission
may at any time amend the specifications relating to the

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

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(e)

the Internet website 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,
as
suspended and decertified operators and products.

the product

concerned,

categories

as well

3.
By way of derogation from paragraph 2(b), those products
originating from third countries listed in the list of recognised
third countries as referred to in Article 7 which belong to a
category which is not referred to in that list may be listed in the
list provided for in this Article.

Article 11

(c) a copy of the assessment report as set out in the fourth
subparagraph of Article 33(3) 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 33(1) and (3) of Regulation
(EC) No 834/2007;

(ii) confirming that

it has effectively implemented its

activities according to those conditions; and

Procedure for requesting inclusion in the list of recognised
control bodies and control authorities for the purpose of
equivalence

(iii) demonstrating and confirming the equivalence of the
production standards and control measures referred to
in subparagraph (b) of this paragraph;

the

control body or

1.
The Commission shall consider whether to include a
control body or control authority in the list provided for in
Article 10 upon receipt of a request for inclusion from the
representative of
authority
concerned on the basis of
the model of application made
available by the Commission in accordance with Article 17(2).
Only complete requests that have been received by 31 October
2009 shall be considered for the drawing up of the first list. For
the following calendar years, the Commission shall undertake
regular updates of
the list as appropriate on the basis of
complete requests that have been received before 31 October
of each year.

control

2.
The request can be introduced by control bodies and
control authorities established in the Community or in a third
country.

The request

for inclusion shall consist of a technical
3.
dossier, which shall comprise all the information needed for
the Commission to ensure that
in
Article 33(3) of Regulation (EC) No 834/2007 are met for
products intended for export to the Community, namely:

the conditions set out

(a) an overview of the activities of the control body or control
authority in the third country or third countries, including
an estimate of the number of operators involved and the
expected nature and quantities of agricultural products and
foodstuffs intended for export to the Community under the
rules set out in Article 33(1) and (3) of Regulation (EC) No
834/2007;

(b) a description of

the production standards and control
including an
measures applied in the third countries,
assessment of
these standards and
measures with Titles III, IV and V of Regulation (EC) No
834/2007 as well as with the associated implementing rules
laid down in Regulation (EC) No 889/2008;

the equivalence of

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

the

(e)

the Internet website 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,
as
suspended and decertified operators and products;

the product

concerned,

categories

as well

(f) an undertaking to comply with the provisions of Article 12;

(g) any other information deemed relevant by the control body

or control authority or by the Commission.

4. When examining a request for inclusion in the list of
control body or control authority, and also any time after its
inclusion, the Commission may request any further information,
including the presentation of one or more on-the-spot exam­
ination reports established by independent expert. Furthermore,
the Commission may organise an on-the-spot examination by
experts it designates on a risk-based approach and in case of
suspected irregularities.

5.
The Commission shall assess whether the technical dossier
referred to in paragraph 2 and the information referred to in
paragraph 3 are satisfactory and may subsequently decide to
recognise and include a control body or control authority in
the list. The decision shall be taken in accordance with the
procedure referred to in Article 37(2) of Regulation (EC) No
834/2007.

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Article 12

Management and review of the list of control bodies and
control authorities for the purpose of equivalence

A control body or control authority may only be included
1.
in the list referred to in Article 10 when it fulfils the following
obligations:

(a)

any changes
the

if, after a control body or control authority has been
to the
included in the
list,
applied by
measures
control
authority,
that control body or control authority shall
notify the Commission thereof; requests to amend the infor­
mation in respect of a control body or authority referred to
in Article 10(2), shall also be notified to the Commission;

are made
control body or

(b) by 31 March every year,

of

to

report

dossier

referred

technical

the control body or control
authority shall
to the
send a concise annual
Commission. The annual report shall update the infor­
in
the
mation
Article 11(3);
it shall describe in particular the control
activities carried out by the control body or control
authority in the third countries in the previous year, the
infringements
results obtained,
shall
It
observed and the
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 33(3) of Regulation
(EC) No 834/2007; the Commission may request any other
information deemed necessary;

the
irregularities
corrective measures

taken;

and

(c)

in the light of any information received, the Commission
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 from the list referred to
in Article 10; a similar decision may also be made where
a control body or control authority has not supplied infor­
mation required or where it has not agreed to an on-the-
spot examination;

orities,
Article 37(2) of Regulation (EC) No 834/2007.

in accordance with the procedure referred to in

If a control body or a control authority fails to take appropriate
and timely remedial action, the Commission shall withdraw it
from the list without delay.

CHAPTER 3

Release for free circulation of products imported in accordance
with Article 33 of Regulation (EC) No 834/2007

Article 13

Certificate of inspection

The release for free circulation in the Community of a
1.
consignment of products referred to in Article 1(2) of Regu­
lation (EC) No 834/2007 and imported in accordance with
Article 33 of that Regulation shall be conditional on:

(a)

the submission of an original certificate of inspection to the
relevant Member State’s authority; and

(b) on the verification of

the consignment by the relevant
Member State’s authority and the endorsement of the cer­
tificate of inspection in accordance with paragraph 8 of this
Article.

2.
The original certificate of inspection shall be established in
accordance with Article 17(2) and paragraphs 3 to 7 of this
Article, on the basis of the model and the notes set out in
Annex V. The model notes, together with guidelines referred
to in Article 17(2), shall be made available by the Commission
via the computer
system enabling electronic exchange of
documents referred to in Article 17.

To be accepted, the certificate of inspection must have

3.
been issued by:

(d) the control body or control authority shall make available
to interested parties, by electronic means, a continuously
updated list of operators, and of products certified as
organic.

(a)

the control authority or control body which has been
accepted for
as
referred to in Article 7(2), from a third country recognised
under Article 8(4); or

certificate of

issuing the

inspection,

If a control body or a control authority does not send the
2.
annual report, referred to in paragraph 1(b), 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 Commission within a
period which the Commission shall determine according to the
severity of the problem and which generally may not be less
than 30 days, that control body or control authority may be
withdrawn from the list of control bodies and control auth­

(b) the control authority or control body in the third country
listed for the third country concerned recognised under
Article 11(5).

4.
The authority or body issuing the certificate of inspection
shall only issue the certificate of inspection and endorse the
declaration in box 15 of the certificate, after:

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(a)

it has carried out a documentary check on the basis of all
including in particular the
relevant inspection documents,
production plan for
transport
documents and commercial documents; and

the products concerned,

declaration in box 16 to the control authority or control
body inspecting the importer in accordance with the control
measures
in Title V of Regulation (EC) No
834/2007, or to the authorities defined as the Member
State’s relevant authorities;

set out

(b) it has either made a physical check of the consignment, or it
has received an explicit declaration of the exporter declaring
that the consignment concerned has been produced and/or
prepared in accordance with Article 33 of Regulation (EC)
No 834/2007; it shall carry out a risk-oriented verification
of the credibility of this declaration.

It shall furthermore give a serial number to each issued certifi­
cate and keep a register of the delivered certificates in chron­
ological order.

5.
The certificate of inspection shall be drawn up in one of
the official languages of the Community and filled in, except for
the stamps and signatures, either entirely in capital
letters or
entirely in typescript.

the Member

inspection shall be in one of

The certificate of
the official
State of destination. Where
languages of
necessary, the relevant Member State’s authorities may request
a translation of the certificate of inspection in one of its official
languages.

(c)

the declaration in box 16 is not required:

(i) when the importer presents an original document,
issued by the competent authority of
the Member
State which granted the authorisation in accordance
with Article 19 of this Regulation, demonstrating that
the consignment is covered by that authorisation; or

(ii) when the Member State’s authority, which granted the
authorisation referred to in Article 19, has given satis­
factory evidence that the consignment is covered by that
authorisation, directly to the authority in charge of the
verification of the consignment; this procedure of direct
information is optional
for the Member State which
granted the authorisation;

(d) the document giving the evidence required in points c(i) and

(ii), shall include:

Uncertified alterations or erasures shall invalidate the certificate.

(i) the reference number of the import authorisation and

the date of expiration of the authorisation;

The certificate of inspection shall be made in one single

6.
original.

(ii) the name and address of the importer;

The first consignee or, where relevant, the importer may make a
copy for the purpose of informing the control authorities and
control bodies in accordance with Article 83 of Regulation (EC)
No 889/2008. Any such copy shall carry the indication ‘COPY’
or ‘DUPLICATE’ printed or stamped thereon.

For products

7.
rules
stipulated in Article 19 of this Regulation, the following shall
apply:

imported under

transitional

the

(a)

is

the time it

the certificate of inspection referred to in paragraph 3(b)
submitted in accordance with
shall, at
paragraph 1,
the
competent authority in the Member State which granted
the authorisation according to the procedure provided for
in Article 19;

include in box 16 the declaration of

(b) the competent authority in the Member State which granted
the authorisation may delegate the competence for the

(iii) the third country of origin;

(iv) the details of the issuing body or authority, and, where
different, the details of the inspection body or authority
in the third country;

(v) the names of the products concerned.

8.
At the verification of a consignment, the original certifi­
cate of inspection shall be endorsed by the relevant Member
State’s authorities in box 17 and returned to the person who
submitted the certificate.

The

first

consignee

9.
the
shall,
consignment, complete box 18 of the original of the certificate
of inspection, to certify that the reception of the consignment
has been carried out in accordance with Article 34 of Regu­
lation (EC) No 889/2008.

reception of

the

at

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The first consignee shall then send the original of the certificate
to the importer mentioned in box 11 of the certificate, for the
purpose of the requirement laid down in the second subpara­
graph of Article 33(1) of Regulation (EC) No 834/2007, unless
to further accompany the consignment
the certificate has
referred to in paragraph 1 of this Article.

2. Where, under a suspensive customs procedure pursuant to
Regulation (EEC) No 2913/92, a consignment coming from a
third country is intended to be submitted in a Member State,
before its release for free circulation in the Community, to a
splitting into different batches, the consignment shall be subject,
before this splitting is carried out, to the measures referred to in
Article 13(1) of this Regulation.

electronic

10.
The certificate of inspection may be established by elec­
tronic means, using the method made available to the control
authorities or control bodies by the Member State concerned.
The competent authorities of the Member States may require
that the electronic certificate of inspection be accompanied by
signature within the meaning of
an advance
the European
Article 2(2) of Directive 1999/93/EC of
Parliament and of
the
competent authorities
require an electronic signature
offering equivalent assurances with regard to the functionalities
attributed to a signature by applying the same rules and
conditions as these defined in the Commission’s provisions on
electronic and digitised documents, set out by Commission
Decision 2004/563/EC, Euratom (2).

In all other cases,

the Council (1).

shall

Article 14

Special customs procedures

1. Where a consignment coming from a third country is
assigned to customs warehousing or inward processing in the
form of a system of suspension as provided for in Council
Regulation (EEC) No 2913/92 (3), and subject to one or more
preparations as defined in Article 2(i) of Regulation (EC) No
834/2007, the consignment shall be subject, before the first
preparation is carried out,
to the measures referred to in
Article 13(1) of this Regulation.

The preparation may include operations such as:

(a) packaging or repackaging; or

(b) labelling concerning the presentation of

the organic

production method.

After this preparation, the endorsed original of the certificate of
inspection shall accompany the consignment, and shall be
presented to the relevant Member State’s authority, which
shall verify the consignment for the purpose of its release for
free circulation.

After this procedure, the original of the certificate of inspection
shall, where relevant, be returned to the importer of
the
consignment, referred to in box 11 of the certificate to fulfil
laid down in the second subparagraph of
the requirement
Article 33(1) of Regulation (EC) No 834/2007.

(1) OJ L 13, 19.1.2000, p. 12.
(2) OJ L 251, 27.7.2004, p. 9.
(3) OJ L 302, 19.10.1992, p. 1.

For each of the batches which results from the splitting, an
extract of the certificate of inspection shall be submitted to
the relevant Member State’s authority, in accordance with the
model and the notes set out in Annex VI. The extract from the
inspection shall be endorsed by the relevant
certificate of
Member State’s authorities in box 14.

from the certificate of
A copy of each endorsed extract
inspection shall be kept together with the original certificate
of inspection by the person identified as the original importer
of the consignment and mentioned in box 11 of the certificate
of inspection. This copy shall carry the indication ‘COPY’ or
‘DUPLICATE’ printed or stamped thereon.

After the splitting, the endorsed original of each extract of the
certificate of inspection shall accompany the batch concerned,
and shall be presented to the relevant Member State’s authority,
which shall verify the batch concerned for the purpose of its
release for free circulation.

the reception thereof
The consignee of a batch shall, at
complete the original of
the certificate of
inspection in box 15, in order to certify that the reception of
the batch has been carried out in accordance with Article 34 of
Regulation (EC) No 889/2008.

the extract of

The consignee of a batch shall keep the extract of the certificate
of inspection at the disposal of the control authorities and/or
control bodies for not less than two years.

3.
The preparation and splitting operations referred to in
paragraphs 1 and 2 shall be carried out in accordance with
the relevant provisions set out in Title V of Regulation (EC)
No 834/2007 and in Title IV of Regulation (EC) No 889/2008.

Article 15

Non-compliant products

Without prejudice to any measures or actions
taken in
accordance with Article 30 of Regulation (EC) No 834/2007
and/or Article 85 of Regulation (EC) No 889/2008, the release
for free circulation in the Community of products not
in
conformity with the requirements of that Regulation shall be
conditional on the removal of references to organic production
from the labelling, advertising and accompanying documents.

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TITLE IV

COMMON RULES

Article 16

Assessment of the requests and publication of the lists

1.
The Commission shall examine the requests received in
accordance with Articles 4, 8 and 11 with the assistance of
the Committee on organic production,
referred to in
Article 37(1) of Regulation (EC) No 834/2007 (hereafter
called ‘the Committee’). For this purposes the Committee shall
adopt specific internal rules of procedure.

For the form and content of documents and information
2.
referred to in Articles 32 and 33 of Regulation (EC) No
834/2007 and in this Regulation, the Commission shall set
out guidelines, models and questionnaires where appropriate
and make them available in the computer system referred to
in paragraph 1 of this Article. These guidelines, models and
questionnaires
the
adapted
Commission, after having informed the Member States and
the competent authorities of third countries, as well as the
control authorities and control bodies recognised in accordance
with this Regulation.

updated

shall

and

by

be

In order to assist the Commission with the examination of the
requests and with the management and review of the lists, the
Commission shall set up an expert group consisting of govern­
mental and private experts.

The computer system provided for in paragraph 1 shall be
3.
able to collect the requests, documents and information referred
to in this Regulation where appropriate, including the author­
isations granted pursuant to Article 19.

2.
For each request received, and after appropriate consul­
tation with Member States in accordance with the specific
the Commission shall nominate
internal rules of procedure,
two Member States to act as co-reporters. The Commission
shall divide the requests between the Member States propor­
tionally with the number of votes of each Member State in
the Committee on organic production. The
co-reporting
Member States shall examine the documentation and infor­
mation as set out
in Articles 4, 8 and 11 related to the
request and shall draw up a report. For the management and
review of the lists, they shall also examine the annual reports
and any other information referred to in Articles 5, 9 and 12
related to the entries on the lists.

3.
Taking into account the result of the examination by the
in
co-reporting Member States, the Commission shall decide,
accordance with the procedure referred to in Article 37(2) of
Regulation (EC) No 834/2007, on the recognition of
third
countries, control bodies or control authorities, their inclusion
on the lists or any modification of the lists, including the attri­
bution of a code number to those bodies and authorities. The
decisions shall be published in the Official Journal of the European
Union.

4.
The supporting documents referred to in Articles 32 and
33 of Regulation (EC) No 834/2007 and in this Regulation, in
in Articles 4, 8 and 11, shall be kept by the
particular
competent authorities of third countries, the control authorities
or the control bodies at the disposal of the Commission and the
Member States for at least three years following the year in
which the controls took place or the certificates of inspection
and documentary evidence were delivered.

5. Where a document or procedure provided for in Articles
32 and 33 of Regulation (EC) No 834/2007 or in the detailed
rules for its application requires the signature of an authorised
person or the approval of a person at one or more of the stages
of that procedure, the computer systems set up for the commu­
nication of those documents must make it possible to identify
each person unambiguously and provide reasonable assurance
that the contents of the documents,
including as regards the
stages of the procedure, cannot be altered, in accordance with
Community legislation, and in particular with Commission
Decision 2004/563/EC, Euratom.

The Commission shall make the lists available to the
including publi­

4.
public by any appropriate technical means,
cation on the Internet.

TITLE V

FINAL AND TRANSITIONAL RULES

Article 18

Article 17

Communication

information
1. When transmitting documents or other
referred to in Articles 32 and 33 of Regulation (EC) No
834/2007 and in this Regulation to the Commission or the
Member States, the competent authorities of third countries,
the control authorities or the control bodies shall use electronic
transmission. When specific electronic transmission systems are
made available by the Commission or the Member States, they
shall use these systems. The Commission and the Member States
shall also use these systems
to provide each other with
concerned documents.

Transitional rules on the list of third countries

for

Requests
submitted in
inclusion from third countries
accordance with Article 2 of Regulation (EC) No 345/2008
before the 1 January 2009 shall be treated as applications
under Article 8 of this Regulation.

India,

include Argentina,
The first list of recognised countries shall
Australia, Costa Rica,
Israel, New Zealand and Swit­
zerland. It shall not contain the code numbers referred to in
Article 7(2)(f) of this Regulation. These code numbers shall be
added before 1 July 2010 by updating the list in accordance
with Article 17(2).

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Article 19

Transitional rules on equivalent import of products not
originating in listed third countries

In accordance with Article 40 of Regulation (EC) No
1.
834/2007 the competent authority of a Member State may
authorise importers in that Member State, where the importer
has notified his activity in accordance with Article 28 of that
Regulation, to place on the market products imported from
third countries which are not included in the list referred to
in Article 33(2) of that Regulation, provided that the importer
provides sufficient evidence showing that the conditions referred
to in Article 33(1)(a) and (b) of that Regulation are satisfied.

Where, having first allowed the importer or any other person
concerned to comment, the Member State considers that those
conditions are no longer satisfied, it shall withdraw the auth­
orisation.

Authorisations shall expire at the latest 24 months after the
publication of the first list of control bodies and control auth­
orities recognised pursuant to Article 10 of this Regulation.

the

certificate of

The imported product shall be covered by a certificate of
inspection as set out
issued by the control
in Article 13,
authority or the control body which has been accepted for
competent
issuing
authority of the authorising Member State. The original of the
certificate must accompany the goods to the premises of the
first consignee. Thereafter the importer must keep the certificate
at the disposal of the control body and, as appropriate the
control authority, for not less than two years.

inspection by

the

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.

At the request of a Member State or at the Commission’s
3.
initiative, an authorisation granted pursuant to this Article shall
be examined by the Committee on organic production. If this
referred to in
the
examination discloses

conditions

that

Article 33(1)(a) and (b) of Regulation (EC) No 834/2007 are
not satisfied, the Commission shall require the Member State
which granted the authorisation to withdraw it.

4. Member States may no longer grant the authorisations
referred to in paragraph 1 of this Article from the date of 12
months after the publication of the first list of control bodies
and control authorities referred to in Article 11(5) except if the
imported products in question are goods whose production in
the third country was controlled by a control body or control
authority not on the list set up in accordance with Article 10.

5. Member States shall no longer grant any authorisation
referred to in paragraph 1 from 1 January 2013.

6.
Any authorisation to market products imported from a
third country which had, prior to 31 December 2008 been
granted to an importer by the Competent Authority of a
Member State under Article 11(6) of Regulation (EEC) No
2092/91 shall expire on 31 December 2009 at the latest.

Article 20

Repeal

Regulations (EC) No 345/2008 and (EC) No 605/2008 are
repealed.

References to the repealed Regulations shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex VII.

Article 21

Entry into force

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

It shall apply as from 1 January 2009.

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

Done at Brussels, 8 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

LIST OF CONTROL BODIES AND CONTROL AUTHORITIES FOR THE PURPOSE OF COMPLIANCE AND
RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 3

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ANNEX II

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ANNEX III

LIST OF THIRD COUNTRIES AND RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 7

ARGENTINA

1. Product categories:

(a) live or unprocessed agricultural products and vegetative propagating material and seeds for cultivation with the

exception of:

— livestock and livestock products, bearing or intended to bear indications referring to conversion;

(b) processed agricultural products for use as food with the exception of:

— livestock products bearing or intended to bear indications referring to conversion.

2. Origin: products of category 1(a) and organically produced ingredients in products of category 1(b) that have been

produced in Argentina.

3. Production standards: Ley 25 127 sobre ‘Producción ecológica, biológica y orgánica’.

4. Competent authority: Servicio Nacional de Sanidad y Calidad Agroalimentaria SENASA, www.senasa.gov.ar

5. Control bodies:

— Food Safety SA, www.foodsafety.com.ar

— Instituto Argentino para la Certificación y Promoción de Productos Agropecuarios Orgánicos SRL (Argencert),

www.argencert.com

— Letis SA, www.letis.com.ar

— Organización Internacional Agropecuaria (OIA), www.oia.com.ar

6. Certificate issuing bodies: as at point 5.

7. Duration of the inclusion: 30 June 2013.

AUSTRALIA

1. Product categories:

(a) unprocessed crop products and vegetative propagating material and seeds for cultivation;

(b) processed agricultural products for use as food composed essentially of one or more ingredients of plant origin.

2. Origin: products of category 1(a) and organically grown ingredients in products of category 1(b) that have been

grown in Australia.

3. Production standards: National standard for organic and bio-dynamic produce.

4. Competent authority: Australian Quarantine and Inspection Service AQIS, www.aqis.gov.au

5. Control bodies and authorities:

— Australian Certified Organic Pty. Ltd., www.australianorganic.com.au

— Australian Quarantine and Inspection Service (AQIS), www.aqis.gov.au

— Bio-dynamic Research Institute (BDRI), www.demeter.org.au

— National Association of Sustainable Agriculture, Australia (NASAA), www.nasaa.com.au

— Organic Food Chain Pty Ltd (OFC), www.organicfoodchain.com.au

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6. Certificate issuing bodies and authorities: as at point 5.

7. Duration of the inclusion: 30 June 2013.

COSTA RICA

1. Product categories:

(a) unprocessed crop products and vegetative propagating material and seeds for cultivation;

(b) processed crop products for use as food.

2. Origin: products of category 1(a) and organically produced ingredients in products of category 1(b) that have been

produced in Costa Rica.

3. Production standards: Reglamento sobre la agricultura orgánica.

4. Competent authority: Servicio Fitosanitario del Estado, Ministerio de Agricultura y Ganadería,

www.protecnet.go.cr/SFE/Organica.htm

5. Control bodies:

— BCS Oko-Garantie, www.bcs-oeko.com

— Eco-LOGICA, www.eco-logica.com

6. Certificate issuing authority: Ministerio de Agricultura y Ganadería.

7. Duration of the inclusion: 30 June 2011.

INDIA

1. Product categories:

(a) unprocessed crop and vegetative propagating material and seeds for cultivation;

(b) processed agricultural products for use as food composed essentially of one or more ingredients of plant origin.

2. Origin: products of category 1(a) and organically grown ingredients in products of category 1(b) that have been

grown in India.

3. Production standards: National Programme for Organic Production.

4. Competent authority: Agricultural and Processed Food Export Development Authority APEDA,

www.apeda.com/organic

5. Control bodies and authorities:

— APOF Organic Certification Agency (AOCA), www.aoca.in

— Bureau Veritas Certification India Pvt. Ltd, www.bureauveritas.co.in

— Control Union Certifications, www.controlunion.com

— Ecocert SA (India Branch Office), www.ecocert.in

— IMO Control Private Limited, www.imo.ch

— Indian Organic Certification Agency (Indocert), www.indocert.org

— Lacon Quality Certification Pvt. Ltd, www.laconindia.com

— Natural Organic Certification Association, www.nocaindia.com

— OneCert Asia Agri Certification private Limited, www.onecertasia.in

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— SGS India Pvt. Ltd, www.in.sgs.com

— Uttaranchal State Organic Certification Agency (USOCA), www.organicuttarakhand.org/products_certification.htm

— Rajasthan Organic Certification Agency (ROCA),

http://www.rajasthankrishi.gov.in/Departments/SeedCert/index_eng.asp

6. Certificate issuing bodies and authorities: as at point 5.

7. Duration of the inclusion: 30 June 2009.

ISRAEL

1. Product categories:

(a) unprocessed crop products and vegetative propagating material and seeds for cultivation;

(b) processed agricultural products for use as food composed essentially of one or more ingredients of plant origin.

2. Origin: products of category 1(a) and organically produced ingredients in products of category 1(b) that have been

produced in Israel or that have been imported into Israel:

— either from the Community,

— or from a third country in the framework of a regime which is recognised as equivalent in accordance with the

provisions of Article 33(2) of Regulation (EC) No 834/2007.

3. Production standards: National Standard for organically grown plants and their products.

4. Competent authority: Plant Protection and Inspection Services (PPIS), www.ppis.moag.gov.il

5. Control bodies and authorities:

— Agrior Ltd.-Organic Inspection & Certification, www.agrior.co.il

— IQC Institute of Quality & Control, www.iqc.co.il

— Plant Protection and Inspection Services (PPIS), www.ppis.moag.gov.il

— Skal Israel Inspection & Certification, www.skal.co.il

6. Certificate issuing bodies and authorities: as at point 5.

7. Duration of the inclusion: 30 June 2013.

SWITZERLAND

1. Product categories: live or unprocessed agricultural products and vegetative propagating material, processed agri­

cultural products for use as food, feed and seeds for cultivation with the exception of:

— products produced during the conversion period and products containing an ingredient of agricultural origin

produced during the conversion period.

2. Origin: products and organically produced ingredients in products that have been produced in Switzerland or that

have been imported into Switzerland:

— either from the Community,

— or from a third country for which Switzerland has recognised that the products have been produced and

controlled in that third country to rules equivalent to those laid down in the Swiss legislation.

3. Production standards: Ordinance on organic farming and the labelling of organically produced plant products and

foodstuffs.

4. Competent authority: Federal Office for Agriculture FOAG,

http://www.blw.admin.ch/themen/00013/00085/00092/index.html?lang=en

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5. Control bodies:

— Bio Test Agro (BTA), www.bio-test-agro.ch

— bio.inspecta AG, www.bio-inspecta.ch

— Institut für Marktökologie (IMO); www.imo.ch

— ProCert Safety AG, www.procert.ch

6. Certificate issuing bodies: as at point 5.

7. Duration of the inclusion: 30 June 2013.

NEW ZEALAND

1. Product categories:

(a) live or unprocessed agricultural products and vegetative propagating material and seeds for cultivation, with the

exception of:

— livestock and livestock products bearing or intended to bear indications referring to conversion,

— products from aquaculture;

(b) processed agricultural products for use as food with the exception of:

— livestock products bearing or intended to bear indications referring to conversion,

— products containing products from aquaculture.

2. Origin: products of category 1(a) and organically produced ingredients in products of category 1(b) that have been

produced in New Zealand or that have been imported into New Zealand:

— either from the Community,

— or from a third country within the framework of a regime which is recognised as equivalent in accordance with

the provisions of Article 33(2) of Regulation (EC) No 834/2007,

— or from a third country whose rules of production and inspection system have been recognised as equivalent to
the MAF Food Official Organic Assurance Programme on the basis of assurances and information provided by this
country’s competent authority in accordance with the provisions established by MAF and provided that only
organically produced ingredients intended to be incorporated, up to a maximum of 5 % of products of agricultural
origin, in products of category 1(b) prepared in New Zealand are imported.

3. Production standards: NZFSA Technical Rules for Organic Production.

4. Competent authority: New Zealand Food Safety Authority NZFSA, http://www.nzfsa.govt.nz/organics/

5. Control bodies:

— AsureQuality, www.organiccertification.co.nz

— BIO-GRO New Zealand, www.bio-gro.co.nz

6. Certificate issuing authority: Ministry of Agriculture and Forestry (MAF) — New Zealand Food Safety Authority

(NZFSA).

7. Duration of the inclusion: 30 June 2011.

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ANNEX IV

LIST OF CONTROL BODIES AND CONTROL AUTHORITIES FOR THE PURPOSE OF EQUIVALENCE AND
RELEVANT SPECIFICATIONS REFERRED TO IN ARTICLE 10

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ANNEX V

MODEL OF THE CERTIFICATE OF INSPECTION

for import of products from organic production into the European Community referred to in Article 13

The model of the certificate is determined with regard to:
— the text,
— the format, on one single sheet,
— the layout and the dimensions of the boxes.

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ANNEX VI

MODEL OF THE EXTRACT OF THE CERTIFICATE OF INSPECTION

referred to in Article 14

The model of the extract is determined with regard to:
— the text,
— the format,
— the layout and the dimensions of the boxes.

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L 334/51

ANNEX VII

Correlation Table referred to in Article 20

Regulation (EC) No 345/2008

Regulation (EC) No 605/2008

This Regulation

introductory words and

Article 1

—

Article 2,
point 1

introductory words

and

—

—

—

—

—

—

—

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)

—

Article 2(5)

Article 2(6)

—

—

—

—

—

—

—

—

—

—

—

—

Article 1(1)

Article 1(2)

Article 2,
point 1

—

Article 2, point 2

Article 2, point 3

Article 2, point 4

Article 2, point 5

—

—

—

—

—

—

—

—

—

—

—

—

—

Articles 3 and 4

Article 5

Article 6

—

—

Article 7(1)

Article 7(2)

—

—

Article 2, point 2

Article 2, point 3

Article 2, point 4

—

Article 2, point 5

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8(1)

Article 8(2)

Article 8(3)

Article 8(3) and 9(2)

Article 8(4)

Article 9(1)

Article 9(3) and 9(4)

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

—

—

Article 18

Article 19

Article 20

Article 3

Article 8

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Regulation (EC) No 345/2008

Regulation (EC) No 605/2008

This Regulation

Article 4

Annex II

—

—

Annex I

—

—

—

Annex III

Article 9

—

—

—

—

—

Annex I

Annex II

Annex IV

Article 21

—

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII